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8 years to life for man who had sex with 12-year-old

5:50 PM, Jun 3, 2011   |    comments
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The indeterminate sentence is a direct result of a jury's decision to find the 19-year-old guilty of sex assault on a child on March 25. Montoya will have to complete a rigorous sex offender treatment program before he is ever eligible to be released from prison.

In a very brief statement made before sentencing, Montoya told Judge Marcelo Kopcow, "that I'm sorry for what I have done."

Kayleah Wilson disappeared on March 28, 2010. A large-scale search failed to find her immediately. Her body was subsequently found on May 19, 2010, in an irrigation ditch. The coroner called the death a homicide, but declined to say just how he believed she died.

The fact that police decided to arrest Montoya on the day the body was found led to intense speculation that Montoya might have been somehow involved in Wilson's death, but to date, police have never labeled him a suspect in her death. The sex assault case has nothing to do with her death and everything to do with their relationship before her disappearance.

Investigators believe Montoya started a sexual relationship with Wilson when he was 17 and she was 12.

"Bottom line is you knew that it was wrong to have sex with a 12-year-old, and you made the decision to do so," Judge Kopcow said during Friday's sentencing hearing.

Wilson's mother attended the hearing, but declined to speak to either the judge during it or to the press afterwards.

"Certainly he made huge mistakes in judgment," prosecutor Hollie Wilkinson said.

A friend of Montoya's called the sentence "bull****" after the hearing.

Marjorie Kennedy, an investigator with the Colorado Public Defender's Office, told Judge Kopcow during the hearing that she is worried about Montoya's safety while he serves out his sentence.

"He may look 19 years old, but he acts literally like a 12-year-old," she said. "He is someone who needs to be protected."

Kennedy also told the judge Montoya has been intimidated and threatened by other jail inmates, strongly implying that those inmates have sought to elicit something from Montoya about what might or might not have happened to Wilson.

(KUSA-TV © 2011 Multimedia Holdings Corporation)

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