Sentencing in 2014 Sparks Murder

District Attorneys Office Announces Sentencing in Sparks Murder Case

January, 15, 2016
Reno, Nevada

Washoe County District Attorney Chris Hicks announced today the sentencing of a 16 year old Sparks juvenile to 30 years in prison for the stabbing death of his neighbor that took place in September of 2014. The murder and arrest of the defendant in this case occurred prior to a change in Nevada law related to the certification of juveniles as adults.

Carlos Antonio Montoya 16, (DOB 3/13/99), was sentenced to a term of 30 years in prison yesterday in Washoe County District Court by Judge Jerome Polaha for the stabbing death of his neighbor, Sparks resident Brian Marshall (DOB 11/24/79).   Montoya had been charged with one count of Second Degree Murder with a Deadly Weapon and pled guilty in October, 2015.   Montoya was 15 year old at the time of the stabbing and was a documented gang member.  The sentence received today ensures Montoya will serve a minimum of 12 years in prison before he is eligible for parole.

The case began on September 1, 2014 when the Sparks Police Department responded to a call of a stabbing on 11th Street in downtown Sparks. Once on scene, officers located Marshall, who was with his wife and two small children. Marshall had a stab wound to his chest and died shortly after being transported to the hospital.  Detectives quickly identified Montoya as a suspect and it was determined that Montoya and another juvenile had approached Marshall, who was his neighbor and a former family friend, while the victim was standing in front of his home. A verbal confrontation took place between Montoya and Marshall and Montoya pulled a knife, reportedly to intimidate Marshall.  Montoya later claimed Marshall mocked him, telling Montoya that he was acting like the juvenile’s father, who several years prior had stabbed a man in a physical altercation.  Marshall’s reference to Montoya’s father enraged him and Montoya stabbed Marshall once in the chest killing him.

Montoya was charged as an adult in the case, which took place prior to a change in Nevada law that removed the automatic charging of juveniles as adults accused of murder or attempted murder.  Current law requires this Office to pursue certification as adults of juveniles 13 to under 16 years old in cases of murder or attempted murder.