LARNED — A Texas man awaits sentencing after changing to a guilty plea on federal charges, Tuesday in Pawnee County District Court.
According to Pawnee County Attorney Douglas McNett, Javier Rubio Montoya, 45, of Horizon City, Texas, was scheduled for a jury trial of 12 persons commencing Tuesday morning. Prior to jury selection, however, Montoya advised the court he intended to change his plea. Outside the presence of prospective jurors, Montoya pleaded guilty to possession of methamphetamine and improper stopping or parking on a roadway.
In exchange for the plea, prosecution agreed to dismiss charges of fleeing and eluding a law enforcement officer resulting in an accident and possession of drug paraphernalia, McNett said.
In support of the plea, McNett advised the Court that had the case proceeded to trial, evidence would have shown that at about 3 a.m. Feb. 18, 2022, Pawnee County dispatch received a call from a concerned citizen.
The caller indicated there was a semi-tractor trailer with its lights on parked in the southbound lane of U.S. 183 in northern Pawnee County. A Pawnee County Sheriff’s deputy dispatched to the location discovered Montoya to be the sole occupant of the semi.
The deputy requested Montoya to follow him to a flatter location so that their vehicles could be more easily seen by oncoming traffic. When the officer pulled over, however, the semi continued to travel southbound. The deputy then activated his emergency lights and began following the vehicle.
After several miles, the semi was observed to begin weaving erratically, striking guardrails on both sides of the roadway before coming to rest in the west ditch. No one was injured in the crash, McNett noted.
Montoya was arrested at the scene without incident, advising the deputy he had fallen asleep.
Prior to the semi being towed from the scene, law enforcement conducted an inventory search of the vehicle and a small quantity of methamphetamine was found in Montoya’s belongings.
After accepting the plea as voluntarily made, Pawnee County District Judge Bruce Gatterman ordered a presentence investigation report to be completed to determine the defendant’s criminal history.
Sentencing has been scheduled for May 18. Montoya remains free on bond.