Man from Albuquerque charged with assault on a federal officer with a deadly weapon

            ALBUQUERQUE, N.M. – Daniel Montoya, 31, of Albuquerque, appeared in federal court in Albuquerque on Feb. 26 for a detention hearing on a criminal complaint charging him with assault on a federal officer with a deadly weapon and use of a firearm in a crime of violence.

            According to the criminal complaint, police officers approached Montoya as he walked down the street in Albuquerque on Jan. 23.   The officers wanted to take Montoya into custody for his suspected involvement in a shooting earlier that day.  Montoya allegedly resisted the officers’ commands, pointed a pistol at two federal officers, and fired shots in their direction.  An officer returned fire.  Montoya then fled the area on foot while shooting more rounds at the officers chasing him. A team of other officers responded to the area and eventually apprehended Montoya, who was shot in the neck during the incident.  

            Montoya is currently in custody awaiting trial. He faces up to 20 years in prison for assault on a federal officer and a consecutive sentence of 10 years to life in prison for using a firearm during a crime of violence.  Charges in criminal complaints are merely accusations.  A defendant is presumed innocent unless found guilty beyond a reasonable doubt.        

            The FBI investigated this case jointly with the Albuquerque Police Department as part of Operation Relentless Pursuit, a Department of Justice initiative aimed at combating violent crime in seven of America’s most violent cities, including Albuquerque, through a stream of federal resources.  Assistant U.S Attorneys Jon K. Stanford and Alexander M. Uballez are prosecuting the case.