While officers investigated, they learned that the owner of a neighboring business heard the break-in at 5:30 AM and attempted to intervene. The business owner reported that one suspect ducked behind a counter, then suddenly stood up and pulled his hand from his pocket. Fearing for his life, the owner drew his handgun and shot the suspect. When the second suspect approached him, the owner fired a second round. The three men then struggled, and one suspect took the owner’s firearm before fleeing with the wounded suspect.
At approximately 6:30 AM, officers responded to the University of New Mexico Hospital after receiving a report of a shooting victim. Montoya arrived at the hospital and told officers he had been shot while walking near Tramway and Manitoba NE, claiming the shooting was unintentional. Montoya had a gunshot wound to the upper left side of his abdomen according to the criminal complaint.
Detectives continued investigating throughout the day and determined that Montoya had been shot during the Nob Hill burglary and NOT on a nature walk in the foothills as he stated. They executed a search warrant at his residence, 5608 Eastern Ave. SE, where they recovered 10 bags of Pokémon and sports trading cards stolen from the Nob Hill store. The cards are valued at thousands of dollars. Detectives also recovered a blood-stained tan hooded sweatshirt, burglary tools and the .22 caliber handgun allegedly taken from the store owner during the altercation.
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