SAN ANTONIO – Update (12:15 p.m., Saturday):
After a jury deliberation, Amanda Montoya was found not guilty of murder; however, she was found guilty of aggravated assault with a deadly weapon-dating relationship, a first-degree felony.
The punishment phase of the retrial will begin Monday morning.
Montoya faces 5 to 99 years.
A woman accused of fatally shooting her boyfriend is back in a courtroom for a retrial of her case.
Amanda Montoya is accused of shooting Cesar Gallegos, 47, inside his home in the 100 block of West Ansley in March 2016.
Gallegos was found on a bed with a single gunshot wound.
Montoya’s first trial in 2020 ended in a hung jury. The state decided to retry the case, and it began on Tuesday in the 227th District Court with presiding Judge Christine Del Prado.
The state, in opening statements, said the basis of its case was circumstantial evidence, as there was no eyewitness to the crime. But prosecutors said they believe that Montoya intentionally shot and killed Gallegos. Prosecutors pointed out that when police arrived, Montoya refused to come out of the home and allow first responders to enter the home to render aid to Gallegos.
Meanwhile, defense attorneys said the shooting was an accident and that the couple loved each other.
Defense attorney Arlene Gay said the couple was planning to spend Easter together with their families. A friend who lived on the same property said she saw them dancing together hours before the incident in the backyard.
Gay pointed out that Gallegos had been drinking and consumed two times the legal limit of alcohol when he took his gun out.
Montoya allegedly pleaded for Gallegos to put the gun away. When she went to hand it to him, he grabbed her arm, causing the gun to go off.
“This was a tragedy, not a crime,” Gay said.