Judge sentences teen who pleaded guilty to gas station murder in 2022
ALBUQUERQUE, N.M. – Justice is coming for the family of Kayla Montaño who was shot and killed at an Albuquerque gas station in 2022.
On Friday, two of the prime suspects received their sentence, including the teen who fired the deadly shots.
"Estevan Lucero is ruthless, he is cruel, he keeps stepping into the victim's car and shoots until that clip is completely gone," said Collin Brennan, a prosecutor.
It was a day of reckoning for Lucero.
"The state believes he is the most culpable actor in this entire incident," said Brennan.
Lucero pleaded guilty to a charge of first-degree murder for the death of Kayla Montaño in 2022.
Prosecutors say he fired around 30 shots at an SUV with Montaño, her daughter, boyfriend, brother, and friend inside. Lucero was just 15 at the time.
Video played in court Friday showed the moment it all went down.
"Mr. Lucero was not trying to defend himself. In fact, no one ever shot at him, he was trying to kill. That was his intent, as you can see in the video, that was his intent that night," said Brennan.
Lucero faced up to 24 years in prison under the deal. Montaño's family urged judge Courtney Weaks to impose the maximum sentence.
"I just want to know where the justice is if he only serves half of the 24 years?" said Francisco Trevinio, brother of Kayla Montaño.
"24 years for taking an innocent life, and almost taking four others, if he had been an adult this deal would never even have been considered," said Gracie Gonzales, mother of Kayla Montaño.
Lucero's defense pushed for a much lighter sentence.
"But as one of the state witnesses said today he was a scared little boy, and that's what he was, and that's what we're dealing with is a child," said Kathleen Rhinehart, a defense attorney.
Advocates for restorative justice programs, and his mother, asked for his release into a rehabilitation program.
"My son, my firstborn, he loves his family, he loves people. He is a protector of his siblings. He loves animals, and loves all little babies. He is not a murdering child, as he has been called. He's a child who made a horrible mistake. He's a child trying to find his way with no intention of harming other people," said Brandi Sedillo, mother of Estevan Lucero.
While Lucero himself offered an apology to Montaños family.
"I dream about it every night, I'm not going to stop thinking about it for the rest of my life. But I'm sorry, I didn't mean for anything to happen like this, I'm sorry and that's all I can say," said Estevan Lucero.
After hearing from everyone, Judge Courtney Weaks handed down her sentence.
"At this time, the court is going to sentence Mr. Lucero to 22 years in the Department of Correction," said Weaks.
Lucero will have to serve at least 85% of that sentence in prison.
The teen who prompted the shooting was also sentenced Friday.
Prosecutors say earlier that day, Diamond Salazar went to buy a gun for Lucero. She was robbed, and her cell phone was taken. She told Lucero and the other teens, Montaño's SUV belonged to the people who robbed her. But, she was wrong.
Salazar also took a plea deal and faced up to 24 years in prison despite never firing a shot herself. She offered this apology at her hearing Friday.
"I want them to know that I feel very guilty and very remorseful for what happened on that day, and I'm not proud that I had participation in the killing of Kayla Montaño," said Salazar.
Judge Weaks sentenced Salazar to 19 years in prison, followed by probation.
She will have to serve at least 85% of the prison sentence before she is released.
