Physical altercation between neighbors leads to shooting in Northeast El Paso; Court documents

EL PASO, Texas (KVIA) -- ABC-7 has obtained court documents of the shooting that occurred September 2, near Andress High School, which say a physical altercation between neighbors led up to the shooting.

According to court documents, officers with the El Paso Police Department (EPPD) were sent out the 10300 block of Windsor Dr for a fight-in progress call, which later turned into a shot-fired call.

Once officers arrived, they found a 49-year-old male victim with a gunshot wound to the abdomen who was later airlifted to the University Medical Center for treatment.

Documents say EPPD officers found two shell casings on the street where officers were dispatched to and that's where Richard Montoya told police he had shot the man after warning him to get away from him and fired a warning shot.

EPPD's Crimes Against Persons unit was called in to assist with the investigation and court documents reveal several individuals including Montoya were taken to EPPD headquarters to be interviewed.

Court documents say Montoya told police he was inside his house when he heard a noise outside and grabbed his gun and walked outside. Montoya told police that he saw the 49-year-old man was in an physical altercation with a nearby neighbor.

Court documents also state that Montoya's wife was outside near the street on the phone with 911 reporting the altercation. Montoya told police he moved closer to where his wife was standing and told the 49-year-old man to go home.

That's when the 49-year-old man had allegedly started walking towards Montoya and Montoya's wife, threating to assault the two.

According to court documents, Montoya told police that he walked backwards onto his neighbor's property, with his gun in his hand, telling the 49-year-old man to get away because he had back surgery and couldn't defend himself.

The 49-year-old man allegedly lunged towards Montoya and that's when court documents say the Montoya admitted to police of firing a warning shot in the air but the 49-year-old man continued walking towards Montoya.

Court documents say Montoya warned the 49-year-old man that his gun was not a toy and to get away. After, Montoya told police he believed the man was going to Montoya's wife but instead allegedly lunged at Montoya causing Montoya to shoot again, this time striking the 49-year-old man in the abdomen.

Court documents reveal that the 49-year-old man received damage to the liver, stomach, and colon and needed emergency surgery due to the severity of the injuries.