CLEARLAKE — Judge Stephen Hedstrom ruled Friday that Alberto Montes, 26, of Clearlake Oaks will stand trial for the murder of his brother Rafael Montes, who was shot and killed in October 2009. Montes will also be held to answer to special allegations connected to the murder charge related to the personal use and intentional discharge of a firearm.
Arraignment on the information in the case is scheduled for 8:15 a.m. Aug. 2 in Lake County Superior Court Department 4 in Clearlake.
The defense maintains that Montes did not mean to shoot his brother and that Montes had retrieved the rifle in order to thwart his brother”s alleged aggressive advancements toward him. Testimony by all witnesses indicated that the brothers had engaged in a dispute just prior to the shooting involving a trash fire that got out-of-hand.
Hedstrom”s ruling came following a day and a half-long preliminary hearing that heard testimony for the prosecution and the defense. Witnesses in the prosecution”s case included Lake County Sheriff”s detectives John Drewrey and Nicole Costanza, who both testified primarily to witness interviews they conducted at the scene and at the sheriff”s main office in Lakeport. Defense witnesses included members of the defendant”s family, who were in or around the Pomo Road residence at Elem Indian Colony at the time of the shooting.
Testimony offered by Drewrey relayed information he collected through interviews with the brothers” mother Brenda Geary, their sister Rebecca Montes and the defendant. Drewrey”s testimony suggested a long history of mutual aggression between the brothers, as was described to him by Geary. Geary also told Drewrey that the mutual disputes between the brothers tended to escalate when Rafael was drinking, which she allegedly said he had done the day of the shooting and later testified to herself. Drewrey said that she also told him that her son Alberto had stopped drinking about a year prior to the shooting because he had recognized alcohol as a contributing factor in the fights he had with his brother.
While Drewrey”s testimony suggested that Geary had described to him only mutual disputes between the brothers, Geary”s testimony alleged that while verbal disputes were often started by Alberto, it was Alberto who often suffered the brunt of the physical altercations. According to Drewrey, Alberto described the fights as “beatings,” in which he would attempt to restrain his brother; however, he would not hit Rafael back, who, according to testimony, was taller and heavier than Alberto.
Testimony for the defense by Alberto”s girlfriend, Elvina Brown, alleged that the brothers had engaged in a physical altercation not long before Alberto retrieved the gun from his bedroom. Brown described a fight in which Alberto was repeatedly punched by his brother as he attempted to use his arms to shield his face from Rafael”s blows.
Testimony by witnesses suggested that the brothers” dispute briefly dissipated until the point when a conversation between Alberto and his mother was overheard by Rafael. The conversation allegedly pertained to Alberto requesting that his mother allow him to call the police to have Rafael removed from the residence. Geary apparently denied the request stating that Rafael, who was the elder son, had nowhere else to go, as she testified to.
After hearing the conversation, Rafael allegedly began to approach Alberto, who was then in possession of the gun. Rafael allegedly began cursing and threatening his brother and allegedly told him something similar to “shoot me.”
Geary said that just after the shooting, Alberto said he was sorry and he didn”t mean to shoot his brother. She said he became “crazy” pacing around while repeatedly telling her he was sorry and he didn”t mean to do it.
The case is being prosecuted by Deputy District Attorney Sharon Lerman-Hubert. R. Justin Petersen is serving as defense counsel.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call directly at 994-6444, ext. 14.
