WATFORD CITY, N.D. (KXNET) — On the night of April 8, a 6-year-old Watford City boy was struck and killed by a 19-year-old driving a 2012 Toyota Tundra in the parking lot of Madison Heights Apartments in Watford City. Police have now released the affidavit that details the incident in full.
According to the report, officers responded to 1218 Main Street N in Watford City on April 8 at 6:50 p.m. for a report of a vehicle crash involving the driver striking a child on a bike.
Upon investigating, officers were able to identify a witness of the crash who stated that the 6-year-old boy. was in the middle of the garage parking area and was adjusting his bicycle seat when the witness stated that they saw the Toyota coming around the corner at a very fast speed. Authorities have not publicly named the boy, but he has been identified in a GoFundMe page as Ian Matteo Garcia.
The witness said they yelled to the child to move, but the Toyota was going too fast and struck the child. According to the affidavit, the witness stated that the Toyota did not try to stop.
Police stated in the report that throughout the apartment complex, there are several signs posted that declare the speed limit to be 10 mph. The weather was also not a factor as it was clear and sunny. The roadway was concrete and clear of any ice, snow, or debris. The road where the child was located was about three road lanes wide, with the child in the middle, according to the affidavit.
The driver of the Toyota was identified as 19-year-old Julian Castro Montoya. Montoya stated that he was traveling to the west of the garages to go to the dumpsters. He then told police at first that he didn’t see the child, but later stated that he did see the child but didn’t have time to stop. Montoya also stated that he did not know his speed and that he had slowed the corner by the garages but then began to speed up.
Montoya told police that he went into shock after striking the child and that he didn’t know what to do. He walked away from the scene at first but then returned once law enforcement arrived.
According to the report, evidence at the scene showed that there were black tire marks left where Montoya was turning, indicating that he did not slow down around the corner and was going fast. Tire marks after the turn also indicated that the rear tires were spinning due to rapid acceleration.
There was no evidence at the scene that suggested that Montoya attempted to brake or evade the child.
Montoya was issued an arrest warrant and is currently being held at McKenzie County Correctional Center on the following charges:
- Negligent Homicide, Child Victim (Class C Felony)
- Driving without a License (Moving Violation)
Montoya could be sentenced to a maximum of 5 years in prison, a $10,000 fine, or both. His bond was set during a hearing on April 12 for $1,000,000 cash.
A GoFundMe for the family of Ian Matteo Garcia was created to help with any sort of funeral expenses and to support the family that just moved to the U.S. from Guatemala in hopes of building a new future. So far they have raised over $23,000. You can learn more about how you can help here.