Judge denies request to relocate trial for teen accused of killing JB White
Mar. 4—State District Judge T. Glenn Ellington has denied a request to move Estevan Montoya's murder trial to Los Alamos, where the teen's defense attorney had argued he was more likely to get a fair trial on charges tied to the fatal shooting of Santa Fe High School basketball standout Fedonta "JB" White.
Ellington sided with prosecutor Blake Nichols at a hearing on the matter Thursday. He said defense attorney Dan Marlowe didn't present any evidence showing jurors in Santa Fe would be unable to consider the case objectively due to media coverage of the summer 2020 homicide and White's popularity in the community.
"There has been no showing other than defense's argument that the defendant would not receive a fair trial [in Santa Fe]," Ellington said.
Prosecutors are seeking adult sanctions against Montoya, who was 16 in August, when police say he shot 18-year-old White in front of multiple witnesses at a house party in Chupadero.
Montoya is charged with first-degree murder, tampering with evidence, unlawful carrying of a handgun by a person under 19 and negligent use of a deadly weapon.
But Marlowe has said Montoya shot White in self-defense as the much bigger boy — a student-athlete who planned to graduate from high school early and play basketball for the University of New Mexico — was chasing him after a brief fight.
Ellington also denied Marlowe's request to release Montoya and suppress prosecution witnesses as sanctions against the state for what the attorney portrayed as gamesmanship when it comes to witness access.
Marlowe had filed a motion accusing the state of attempting to prevent him from gathering evidence that could help his client by being overly controlling of witnesses.
Nichols called the claim "absurd" Thursday and said Marlowe had violated an agreement not to take statements from witnesses outside the presence of state prosecutors.
Ellington asked the parties to provide their written communications on the issue and directed Marlowe to file a motion asking him to reconsider Montoya's detention if he still wished to have his client released pending trial.
