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Alleged victim says he canít ID Gallegos

Posted: Wednesday, Jul 24th, 2013

Courier staff writer

ALAMOSA ó A man who sustained a life-threatening stab wound to his heart one year ago this week testified under oath that he did not see his alleged attacker in district court yesterday.

Speaking on the second day of testimony at Anthony Gallegosí jury trial, Jeremy Montoya identified the defendant as the man who threw a 40-ounce beer bottle at his brotherís car on July 22, 2012.

The bottle shattered the rear window of the vehicle, and when Montoya got out of the car and walked toward the bottle thrower, Gallegos allegedly stabbed him.

Moments later, Gallegos allegedly stabbed a second man, Michael Sanchez, who rushed out of the car to help his friend. (Gallegos himself sustained superficial knife wounds to his back and shoulder during a struggle with Sanchez, according to court testimony on Wednesday.)

Montoya said he understood that he was under oath as a witness for the prosecution.

But he twice claimed that he could not spot Gallegos, who was sitting in plain sight at the defense table. Montoya also shook his head from side to side to indicate that he did not see Gallegos anywhere in the courtroom.

Gallegos, 21, stands accused of attempted second-degree murder, criminal mischief, disorderly conduct and two counts of first-degree assault.

Under the law, he is presumed to be innocent unless jurors determine that the prosecution proved its case against him beyond a reasonable doubt.

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