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November 20, 2013
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No charges for NM cop who shot at van of kids

Officer Elias Montoya's actions were justified when he tried shooting at the minivan's tires to stop the fleeing family

By PoliceOne Staff

TAOS, N.M. — The officer who fired several shots at a fleeing van that contained a woman and her five children will not be charged.

State police officer Elias Montoya’s actions were justified, Taos County District Attorney Donald Gallegos told

"[Additional] information could come in, but at this preliminary stage, what I've viewed and what I've reviewed I don't see any criminal charges against any of the officers," Gallegos said. "I don't intend to seek charges at this point."

Gallegos says he intends to pursue the case against the driver of the minivan, Orianna Farrell, and her teen son, who assaulted officers after they repeatedly fled police over a speeding ticket.

 Farrell was charged with child endangerment, resisting arrest and reckless driving. Her son was charged with battery.

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