Man allegedly threatened to kill boy and dog with rock in Pocatello
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POCATELLO — A 33-year-old man allegedly threatened to kill a boy and his dog with a rock, court documents said.
Johnny Joseph Montoya has been charged with felony aggravated assault.
According to the affidavit of probable cause filed by the Pocatello Police Department, the incident happened last week on Friday, Aug. 2 after 8:20 p.m. An officer responded near the 900 block of North Garfield Avenue for a disturbance.
The officer talked with a boy who said that a man — later identified as Montoya — had picked up a rock, held it over his head, and walked toward him, threatening to kill him and his dog.
He said he “feared” Montoya was going to hurt him or try to hurt him, court documents said.
The officer interviewed Montoya, who appeared to be under the influence of drugs or alcohol, court records show. Montoya told the officer he had picked up a rock because he believed that the dog was going to attack him. He said he did not recall whether he spoke to or threatened the boy or not.
Based on evidence that Montoya was in possession of a rock and the investigation, he was arrested and transported to the Bannock County Jail.
He was given a bond of $10,000. Montoya is scheduled for a preliminary hearing at the Bannock County courthouse on Aug. 15 at 10:30 a.m.
The charge is punishable by up to five years in prison and/or a $5,000 fine. According to the criminal complaint filed, the State of Idaho will seek a sentencing enhancement by increasing the maximum sentence by 15 years in prison for the use of a deadly weapon in the commission of a crime.
Though Montoya has been charged with this crime, it does not necessarily mean he committed it. Everyone is presumed innocent until they are proven guilty.