Las Vegas Sun

March 29, 2024

Man accused in fatal ax attack makes court appearance

Montague

Sam Morris

Harold Montague, accused of killing a 4-month-old boy with an ax and severely injuring the child’s mother, makes his first appearance in court with public defender Andrea Luem Tuesday, Feb. 16, 2010.

Updated Tuesday, Feb. 16, 2010 | 10:36 a.m.

Harold Montague in Court

Harold Montague, accused of killing a 4-month-old boy with an ax and severely injuring the child's mother, talks to public defender Andrea Luem while making his first appearance in court Tuesday, Feb. 16, 2010. Launch slideshow »
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Harold Montague

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Officials investigate a homicide scene involving an assault that left a child dead near San Pedro Avenue and 17th Street Thursday, Feb. 11, 2010.

The man accused of killing a 4-month-old boy with a medieval-style battle ax and severely injuring the child’s mother by chopping both of them as they strolled through a residential neighborhood made his first court appearance this morning, where his attorneys said they are proceeding cautiously because their client could face the death penalty.

Deputy Public Defender Norm Reed told Las Vegas Justice of the Peace Melanie Andress-Tobiasson he was requesting a status check in two weeks so he could have more time to meet with his client, Harold Montague, 33, and determine whether he should be evaluated for mental competency. Reed said he wants to make sure Montague fully understands the charges against him.

When the judge asked if he received a copy of the criminal complaint against him, Montague responded, “Yes, ma’am.” When she asked if he understood the charges against him, Reed interjected.

“I don’t believe that he’s in a position right now to actually express … whether he understands the charges,” he said. He asked for a status check in two weeks.

Throughout the proceedings, Montague, whose face was puffy and swollen with a bruise visible under his left eye, hung his head.

Montague is next scheduled to appear March 3 and a preliminary hearing date will be set at that time. If the case is determined to be a capital case, prosecutors will determine whether they will pursue the death penalty after the preliminary hearing.

Montague is facing multiple felony counts, including murder, attempted murder and attempted murder of a police officer in connection with an attack late Thursday morning in the 1600 block of San Pedro Avenue, near Sahara Avenue and South Maryland Parkway.

Authorities said the attack appeared to be random in nature and a motive wasn’t known, although Montague’s wife told the news media her husband was having a “mental episode” and that he had been diagnosed as a sociopath as a child.

The baby was identified Friday afternoon as 4-month-old Damian Avila Castro, of Las Vegas. Police identified the injured woman in their report as the boy’s mother, Sandra Lisset Castro. She was taken to Sunrise Hospital in extremely critical condition and underwent emergency surgery for multiple head injuries.

Montague is also accused of attacking his sister-in-law, Monica O’Dazier, by stabbing her more than 20 times with the pointed end of the ax. She was listed as being in good condition Sunday at University Medical Center.

Andress-Tobiasson said today bail wasn’t going to be addressed before the March 3 date and that Montague would continue to be held on no bail.

Reed also stated a general objection to the media presence in the courtroom, saying he wanted to limit pretrial publicity to ensure his client received a fair trial.

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