LAS CRUCES >> The man convicted of a gruesome 2006 murder took an unusual course Wednesday in District Court, pushing back his sentencing hearing and extending by another month in one of the area's oldest cases.

In June a jury convicted Dominic Martin Montoya, 38, of second-degree murder and possession of a deadly weapon by a prisoner for the 2006 stabbing and beating death of a fellow inmate at the Doña Ana County Detention Center.

Wearing a yellow prison jumpsuit and using a walker, Montoya appeared in 3rd Judicial District Court on Wednesday afternoon to be sentenced. But that didn't happen.

Prosecutors had filed documents about Montoya's previous felony convictions, including murder, seeking to add time to his sentence. It's a common part of sentencing and defendants typically admit to their prior convictions.

But Montoya denied that he was convicted in 1999 of murder in Albuquerque — a case in which he eventually pleaded guilty, court records show.

"I didn't do that stuff," Montoya said Wednesday, responding to questions by state District Judge Douglas R. Driggers. "I don't know where they got that."

As a result, Driggers scheduled an evidentiary hearing Sept. 19. During that hearing prosecutors will present evidence that Montoya was previously convicted of murder.


Ultimately, if Driggers finds that Montoya does have such a history, it could add two years to his prison term.

The family of Adam Avalos, the man Montoya killed at the Doña Ana County Detention Center, was in court for the sentencing. They declined to comment on Wednesday's proceeding.

Montoya faces the possibility of 24 years in prison for the second-degree murder and weapon possession convictions.

He has an extensive criminal history: robbery, breaking and entering, evidence tampering. Even before the 2006 murder conviction is considered, Montoya won't be eligible for parole until July 2045, said Alex Tomin, spokeswoman for the New Mexico Corrections Department.

"Usually you know what your history is," said prosecutor Gerald Byers after the proceeding. "It's just another delay."

This is not the first unexpected twist delaying the case.

In September 2012, Montoya was scheduled to appear in court for a change-of-plea hearing. But that never happened because Montoya refused to get dressed, showing up in boxer shorts. He also bashed his head on the court's holding cell wall, injuring himself, according to Sun-News archives.

Montoya has gone through several defense attorneys, and previously refused a mental health evaluation by one of his attorneys in 2006. In 2007, he was deemed competent to stand trial.

In the years after his murder charge, Montoya has been convicted of battery against a peace officer twice. Montoya is being held at the Southern New Mexico Correctional Facility, west of Las Cruces.

Byers and fellow prosecutor Daniel Dougherty said Montoya is entitled, by law, to such a hearing because it could give him more prison time.

Typically, Byers said, defendants admit to prior convictions, effectively waiving that right.

Montoya's attorney, Todd Holmes, after the proceeding called the evidentiary proceeding a "waste of time." Holmes said prosecutors could have dropped the issue and sentenced Montoya to a slightly shorter sentence Wednesday.

Prosecutors had charged Montoya with first-degree murder, alleging that he planned to kill Avalos to impress a girlfriend.

Montoya had pleaded not guilty by reason of insanity. During trial he testified that he was distraught over his girlfriend and had gone into the jail shower to cut himself. That's when Avalos, Montoya testified, told him, "f*** that b***, she's not worth it."

Montoya testified that he "exploded" but didn't recall the details of the attack.

Avalos was stabbed multiple times with a razor blade, had his neck slashed and an ear cut off, authorities said. At the time, Montoya was awaiting trial in a robbery case.

During last month's murder trial, Holmes said Montoya has a turbulent family life and a history of mental illness.

At this point, Montoya isn't concerned about the time he spends in prison, Holmes said Wednesday. He just want access to mental health care.

James Staley can be reached at 575-541-5476