Officials: Man charged in patrolman’s death was drunk

By FRANCIS MCCABE LAS VEGAS REVIEW-JOURNAL

12 years ago

James Montgomery, appearing in Clark County Justice Court on Aug. 21, is accused of killing an off-duty California Highway Patrol officer and another man in the crash of the officers stolen pickup on Aug. 18 near the Las Vegas Strip. Prosecutors say Montgomerys blood-alcohol level was more than twice the legal limit at the time of the accident. (Jeff Scheid/Las Vegas Review-Journal)

In this image taken from video provided by the Las Vegas Police Department, California Highway Patrol officer Jesus Magdaleno Jr. and his brother-in-law Felix Brandon Cruz III ride on the bed of Magdalenos pickup truck after it was stolen from the Flamingo valet area on Aug. 18. (Courtesy Las Vegas Metropolitan Police Department)

Las Vegas law enforcement work at the scene of the accident where a stolen pickup crashed into another vehicle on Aug. 18 at Flamingo Road and Valley View Boulevard. Jesus Magdaleno Jr., an off-duty California Highway Patrol officer, and his brother-in-law Felix Brandon Cruz III were killed. (Chase Stevens/Las Vegas Review-Journal)

The man charged with killing a California highway patrolman and another man after a carjacking on the Strip had a blood-alcohol level more than twice the legal limit, prosecutors said.

James Montgomery, 29, had a blood-alcohol level of 0.197 following the Aug. 18 crash that killed Patrolman Jesus Magdaleno Jr., 33, and his brother-in-law, Felix Brandon Cruz III, 31. Montgomery was drinking Jack Daniels and Coke prior to the alleged carjacking.

Prosecutor Michael Staudaher said he planned to file two new counts of DUI resulting in death against Montgomery at a hearing Thursday.

Montgomery already faces murder, robbery and kidnapping charges. He’s being held without bail at the Clark County Detention Center.

Defense lawyer Michael Becker said his client’s blood alcohol level doesn’t tell the whole story.

“We have reason to believe he may have been unknowingly drugged and at this time we are exploring all possibilities,” Becker said.

The lawyer added that a full drug analysis of Montgomery’s blood has not been completed.

“James is not a violent person,” Becker added.

Montgomery, of Tustin, Calif., where he works as a team leader at the Whole Foods market, was visiting Las Vegas with his girlfriend at the time of the incident.

Orange County court records show he has had a couple of minor traffic violations.

On Sunday morning, Cruz and Magdaleno were loading luggage into the bed of a white Ford F-150 pickup at the east valet area of the at the Flamingo Las Vegas when Montgomery stole it, Las Vegas police said.

Authorities have released a photo of the pickup as it sped on Flamingo Road at the intersection of Las Vegas Boulevard.

The photo shows one of the men with his hands in the air.

Montgomery ran through three red lights on Flamingo before crashing into an SUV near Valley View Boulevard, outside the Rio, detectives said.

Magdaleno and Cruz were thrown from the bed of the truck.

Magdaleno died at the scene. Cruz died a day later at University Medical Center.

The residents of Visalia, Calif., were in Las Vegas to celebrate Magdaleno’s bachelor party before his September wedding.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.