Las Vegas Sun

March 28, 2024

Hearing set for man accused in fatal ax attack

montaguearriagnment

Steve Marcus

Harold Montague, accused of an assault with a medieval-style battle ax that killed a baby last month, appears for an arraignment hearing at the Regional Justice Center, Wednesday, March 3, 2010.

Montague Arraignment (3-3-10)

Harold Montague, accused of an assault with a medieval-style battle ax that killed a baby, talks with attorney Andrea Luem before an arraignment hearing at the Regional Justice Center, Wednesday, March 3, 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.

A preliminary hearing was set Wednesday for a man accused of killing a 4-month-old boy and severely injuring the child’s mother by chopping them with a medieval-style battle ax in a residential neighborhood.

Harold Montague, 33, appeared this morning before Justice of the Peace Melanie Andress-Tobiasson for an arraignment hearing.

His attorney, Deputy Public Defender Norm Reed, had requested a delay in arraigning Montague at a Feb. 16 hearing so his client’s mental status could be more fully examined. Reed said today a final decision hadn’t been made as to whether Montague would be sent to mental health court for evaluation, but he won't be sent at this time.

A preliminary hearing was set for April 12.

During today’s hearing, Montague said only three words: “Yes, your honor,” in response to a question from the judge as to whether he understood the proceedings.

Prosecutors said the case has at least one aggravating circumstance – the death of a child under 14 years old – that would lead the district attorney’s office to consider the death penalty in the case. Potential capital cases are reviewed by committee after a preliminary hearing to determine whether the death penalty will be sought.

After the hearing, Reed said his client was still being evaluated and that a more complete determination about his mental health would likely be reached before the next hearing.

“He’s a severely delusional man and extremely paranoid. We are still assessing him,” Reed said. “The question is going to be, how did that delusion or paranoia affect this case and, of course, whether or not he’s competent – which is a completely separate legal issue.”

He said the “handwriting was on the wall” that Montague’s case would be a capital case and that his client would be evaluated by a number of mental health professionals to determine his competency as the case proceeds.

Montague is facing multiple felony counts, including murder, attempted murder and attempted murder of a police officer in connection with an attack in the late morning of Feb. 11 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.

A woman identified as Montague’s wife was seen in the courtroom today, dabbing her eyes.

The baby killed in the attack has been identified 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 critical condition and underwent emergency surgery for multiple head injuries.

Prosecutors said today she remains hospitalized and has undergone multiple surgeries for the wounds to her face.

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. O’Dazier has since been released from the hospital.

Montague is being held without bail at the Clark County Detention Center.

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