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Officer fired for shooting at minivan speaks out

Officer Fired For Shooting At Minivan Speaks Out

A New Mexico State Police officer is fighting to get his job back after he claims he unknowingly shot at a minivan full of children on October 28.

'My heart sank. I couldn't believe there was that many children in there. If I knew that there was even one child in that vehicle, I wouldn't have done it,' officer Elias Montoya said on 'Good Morning America.'

KRQE reports several New Mexico State Police officers responded after a woman became unruly over a speeding ticket. Dash camera footage caught the entire incident, and many people think the driver deserves a share of the blame. She is currently awaiting trial on charges of child abuse, fleeing police and misdemeanor drug possession of paraphernalia.

Montoya was fired for his actions because he violated the station's policy on use of deadly force. Montoya doesn't feel the incident should have cost him his job. 'I'm not shooting at a human being, I'm shooting at a tire,' he said.

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joelp77440 January 17 2014 at 5:22 PM

The police chief made the right call. Cops are taught NOT to fire a the tires of a car. It can have unintended consequences (i.e., stray bullet hitting someone else including passengers in the car, the car losing control and hitting another car or person). This fact is taking into consideration when stop sticks or raming is used to stop are car.

He was a sloppy cop and would probably best serve the public in some other capacity that does not require on to car a weapon. I also hate how he is playing the victim.

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neuticlesrock joelp77440 January 17 2014 at 5:27 PM

he claims he didnt know children were in the car? watch the video- what were coming out of the car when the cop attacked the mother? He should be on trial for attempted murder.

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suziebisback neuticlesrock January 17 2014 at 5:46 PM

Let's see... I saw full grown children attacking the officer? Did you WATCH?

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snhhert January 18 2014 at 8:43 AM

I have had personal experience with NM State PD. They seem angry and cant wait to shoot someone.
Cops have a tough job but some have gone off the deep end and lost touch.

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Mac snhhert January 18 2014 at 9:19 AM

There is bad in everything and every job. But lets not throw the sink out with the dirty water.

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baddasstatts January 18 2014 at 8:40 AM

he should be fired, and the mother needs to be in jail. they both put the kids lives in danger.

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Dave January 18 2014 at 2:16 AM

go figure.this cope doesnt hurt anyone but the van,to stop a recless mom.yet hes let go off of the force.yet more than 6 cops litteraly beat a poor retarded guy to death on the street,strangling him,kicking him,smothering him and more while he pleaded for his dad.yet these low lifes get to keep their jobs..''''WHY'''.this country is not america anymore.pot is now legal.so watch out people for those driving high or if their high and break into your homes.the good citizens that are left have no chance with this crewed up legal sytem.this office fired no bullets close to the interior of the car.only at the tires.so this stupid womand wouldnt run.shes the one that endangered the kids.

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rockin cain January 18 2014 at 8:37 AM

He is lucky,he didn't kill anyone,he wouldn't be just fired he would be incarcerated.Almost noone can make those shots with a pistol,no telling where the bullets will go ,he should know this as a cop.

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Christine January 17 2014 at 5:53 PM

Yes, you should lose your job! You don't fire at a car full of children. Yes, the driver shares the blame and should go to prison, but the officer didn't care about the small innocent children in the car. I don't want someone like that protecting me.

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Master Mike January 17 2014 at 5:54 PM

No, he should be fired for shooting when neither his or anyone elses life is in danger. He could get back in car and pursue. And it looks like the other officer may have been downrange. I understand his adrenaline and why he did it. BUt it was really bad judgement and against the law AND against Dept policy. As a retired Officer I can't approve of what he did. She did more wrong, but she's not a public servant. Who shoots at tires? We aren't trained to do that. That is in the movies.

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pcfriar66 January 17 2014 at 7:22 PM

Not only was the shooting totally unjustified, but, he showd a smart ass atitude wityh his statement "I was only shooting at a tire, not at children. And how far from the tire were the children?. Try 3 or 4 feet. And the car was moving. He deserves to be prosecuted for deparaved indifference to human llife. The fact that the children were not clearly visible is irrelevant as any shooting under those circumstances is unjustified. His smart ass remark aboutthe "tire" is what may have made the difference between being suspended and being fired.

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Geneva January 17 2014 at 7:21 PM

Police are WAY overstepping their bounds. Really, you are not shooting at a person, just a tire? A blown out tire can flip a car and kill everyone in it.
Since when is shooting at someone who is unruly over a speeding ticket EVER justified.

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oakmoon2004 Geneva January 17 2014 at 7:28 PM

When they get out of their car and attempt to assault you

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John oakmoon2004 January 17 2014 at 7:41 PM

Funny, this fat gun loaded 'cop' is afraid of a women with kids--give me a break!

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kentblackdog07 January 17 2014 at 5:50 PM

You do NOT fire at a moving car or a stop for speeding---------------------the cop needs to be looking for a new job, and his supervisors need to be on the recieving end of a law suit, filed by the lady in question----------------------------maybe the department will train those who work for the, better.

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