CLEARLAKE — A not guilty plea was entered Jan. 22 on behalf of Alberto Alejandro Montes, 25 of Clearlake Oaks. Montes faces a murder charge related to the October 2009 shooting death of his brother Rafael Montes, 26.
Montes allegedly shot his brother with a .22 caliber rifle after the two engaged in a dispute Oct. 10, 2009. Emergency response was dispatched for a report of a vegetation fire just prior to the shooting incident. Lake County Sheriff Captain James Bauman said that about 30 minutes after fire personnel from Northshore Fire Protection District and CalFire, arrived on the scene of an approximate half-acre grass fire off of Pomo Drive, sheriff dispatch began receiving calls reporting a man had been shot by his brother during a fight about the fire.
According to witness statements, Montes” two sisters, his mother and his brother had arrived at the his home on Pomo Drive about 20 minutes before a trash fire outside of the home had apparently gotten out of control. While the three women and Alberto Montes were trying to extinguish the fire, Alberto Montes allegedly went into the house and began arguing with Rafael Montes as he didn”t think Rafael Montes was offering any help.
As the argument between the two brothers escalated, Alberto Montes allegedly retrieved a .22 caliber rifle from his room. Rafael Montes, who had reportedly been drinking, Captain Bauman said, allegedly taunted Alberto Montes to use the weapon and Alberto Montes allegedly fire one shot, striking his brother in the chest.
Public Defender Ken Roush has been assigned to represent Montes. District Attorney Jon Hopkins is prosecuting the case. The case is scheduled to continue with the setting of the preliminary hearing at 8:15 a.m. March 5 in Lake County Superior Court Department 4 in Clearlake.
Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
