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They offered photographs of scratch marks on Montoya’s face, neck and chest as evidence of a scuffle. They cited a medical examiner’s report that indicates the gun was fired at an indeterminable range — which can indicate a struggle took place.
"That doesn’t show an intent to kill," McDougall said. "That’s an accident. You’re allowed to protect yourself with an appropriate amount of force if you’re in fear for your life. Josh was in fear for his life."
But it was not enough to convince the jury.
After fleeing the scene, Montoya stashed the gun at a friend’s house more than four miles away. Prosecutors argued this was plenty of time to concoct a bogus self-defense story to tell authorities.
Montoya will be sentenced this summer by Judge Deno Himonas.
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