On Friday, August 2nd, Pocatello Police responded to a disturbance involving a 33-year-old man named Johnny Joseph Montoya. Montoya allegedly threatened to kill a boy and his dog with a rock near the 900 block of North Garfield Avenue. The boy reported that Montoya had picked up a rock, held it over his head, and walked towards him in a threatening manner. Montoya, who appeared to be under the influence of drugs or alcohol, claimed he believed the dog was going to attack him and could not recall if he had threatened the boy. Based on the evidence, Montoya was arrested and charged with felony aggravated assault.
Montoya is scheduled for a preliminary hearing on August 15th at the Bannock County courthouse. If convicted, he could face up to five years in prison and/or a $5,000 fine. The State of Idaho may seek a sentencing enhancement for the use of a deadly weapon in the commission of the crime, potentially adding 15 years to the sentence. It is important to note that Montoya is innocent until proven guilty.
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