Judge rules on evidence in Boone County manslaughter case
Jazsmin Halliburton
COLUMBIA, Mo. (KMIZ)
A judge ruled Friday that a victim’s invalid driver’s license will not be allowed as evidence in a Boone County manslaughter trial, but a decision on using a recording of the victim’s voice is yet to be made.
Circuit judge Josh Devine heard arguments Friday ahead of the trial of Walter Montejo, 27, of South Gate, California. Montejo is charged with two counts of first-degree involuntary manslaughter, one count of second-degree assault, misdemeanor driving while revoked and misdemeanor not having insurance. He is being held at the Boone County Jail without bond.
He’s accused of killing Cindy Helms, 54, of Rockwood, Tennessee, and Melvina Colin, 84, of Broomfield, Colorado, during a crash on Interstate 70.
Montejo required an interpreter. The state and defense agreed not to introduce evidence at trial regarding his immigration status.
In Friday’s pretrial hearing, the state argued to dismiss evidence that Helms was driving with a suspended license. Montejo’s defense attorney argued that Helms’ driving status should be mentioned, because Montejo’s driving status will be mentioned. Devine sided with the state.
The defense filed motions to dismiss nine pieces of evidence or arguments, including a graphic and emotional 911 call Helms made while she was trapped in the burning U-Haul. The defense argued that playing the audio would inflame jurors’ emotions and would prejudice them against Montejo.
The prosecution argued that the 911 call should be played for the jury because prosecutors will not show the graphic body camera footage of Helms trapped and screaming in the car, and jurors should hear from a victim.
The judge put off a decision until he has heard the recording.
The jury trial is scheduled to last three days, and the defense is asking for jury sentencing.
Court documents say Montejo was driving a tractor-trailer when it crossed over the median and hit a U-Haul head-on, killing Helms and Colin.
A probable cause statement says that Montjeo’s license was suspended because of an active administrative alcohol suspension. A bond motion claims Montejo’s license was suspended because of a DWI case from Jackson County in 2022.