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November 10, 2009

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Manslaughter case draws four years

By Matt Pordum (contact)

Wednesday, June 30, 2004 | 9:17 a.m.

A man who was originally charged with murder in the stabbing death of a man in April was sentenced to up to four years in prison Tuesday after he pleaded guilty to involuntary manslaughter.

District Judge Joseph Bonaventure sentenced Abimael Azmitia-Montalvos to 19 to 48 months in prison for the killing of Troy Payton.

Payton's death was the result of a fight that began after Azmitia-Montalvos whistled at a teenage girl as she walked past his Sunrise Vista Executive Suites apartment on Charleston Boulevard, according to authorities.

After the whistle, a group of six to seven men surrounded Azmitia-Montalvos and beat him to the ground. Azmitia-Montalvos then gathered himself and went into his apartment, authorities said.

The men followed Azmitia-Montalvos to the apartment and pounded on his front door. Azmitia-Montalvos opened the door and stabbed Payton, who died shortly after, authorities said.

Deputy Public Defender Joseph Abood said he had hoped Azmitia-Montalvos would have received probation but said "19 to 48 months in prison isn't bad under these circumstances."

Abood said Azmitia-Montalvos "is in a lot of pain not only because he regrets the loss of life, but also because he will be separated from his family."

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