Shifting Statements

Witness testimony in Estevan Montoya’s murder trial continued Friday, when one of the partygoers who was there the morning Fedonta “JB” White was shot characterized the shooting as a “murder.”

Montoya’s defense team quickly pushed back, questioning the honesty of a state witness for the first time since the trial began on Wednesday.

Montoya, who is charged with first-degree murder and other crimes, claims he was protecting himself when he fired the bullet that struck White. Much of the in-court discussion has involved the events leading up to the shooting, including whether Montoya was attempting to flee when he fired, whether a bullet was already in the chamber and what Montoya said to White during an altercation prior to the gunfire.

As the party in Chupadero in August of 2020 was starting to die down, multiple arguments among the attendees erupted. One of the squabbles spilled onto the porch of the home, which was still under renovation. More than 100 people had shown up, and White was heard telling the crowd to “shut that goofy kid up,” referring to a friend of Montoya’s who witnesses say was belligerent.

Speaking to White, Montoya said: “You don’t want this smoke.” What, exactly, he meant by that, remains in dispute.

“It just means you don’t want to get shot,” said Santiago Archuleta, who testified Friday that he saw the shooting. “I know he was talking about a gun, because I saw it earlier at the party. He flashed it to one of my friends.”

The remark, witnesses say, spurred the two teens to square off. Punches were thrown and Montoya was seen reaching for his waistband and pulling out a gun. Archuleta said he never saw Montoya rack the slide before extending his arm straight out and aiming at White.

“There was already one chambered, ready to shoot,” Archuleta, who called the shooting a “murder,” told jurors. “All he needed to do was pull the trigger.”

However, Attorney Dan Marlowe pointed out that Archuleta’s testimony contradicted earlier statements. While the witness said the phrase, “You don’t want this smoke,” could only be meant as a threat with a gun, in his pretrial interview he told both legal counsels that it could mean: “You don’t want to fight…”

Marlowe also noted the difference in statements about whether Montoya was trying to flee when he fired the gun. In previous statements, Archuleta said Montoya was running away as he shot. While on the stand, he told the jury Montoya wasn’t running, but “inviting [White] into his space to fight.”

“Do you expect us to believe you when you’ve told us two stories?” Marlowe asked Archuleta.

During her redirect examination, Chief Deputy District Attorney Jennifer Padgett Macias asked Archuleta: “Mr. Marlowe tried putting words in your mouth.”

Archuleta replied: “Yes.”

While he challenged the accuracy of Archuleta’s testimony, Marlowe says he doesn’t plan to ask First Judicial District Court Judge T. Glenn Ellington, who is presiding, to toss it out.

Also on Friday, jurors heard the 911 call placed shortly after the shooting. The sound of people screaming and cursing blasted through the courtroom speakers, reiterating the chaotic scene that unfolded after the shooting.

Testimony is expected to continue Monday and run through at least the end of the week.