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Defendant says he fired fatal shot in self-defense

News Channel 8 photo by ERIC HAUSMANN

Donald Montanez, on trial in the shooting death of Glen 'Chuck' Rich, says he fired in self-defense.

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By TOM BRENNAN | The Tampa Tribune

Published: May 12, 2009

TAMPA - Towing company owner Donald Montanez testified today that he had no choice but to shoot Glen "Chuck" Rich when Rich tried to retrieve his car in January 2008.

"I was scared for my life," Montanez said. "I pulled my gun to protect myself."

Montanez wants Hillsborough Circuit Judge Robert A. Foster to rule the fatal shooting was justified under the state's "Stand Your Ground" law.

Prosecutors will continue to present witnesses today in hopes of swaying Foster into not dismissing the case. If they are successful, Montanez would stand trial and repeat his self-defense claim.

Montanez said Rich found his car on Bonacker Road, where it was taken after being towed from behind the after-hours bottle club Sugar Shack on East Hillsborough Avenue about 5 a.m. on Jan. 8, 2006.

Montanez said Rich pushed past his employees, got in his car and gunned it toward him and a female employee. He said he saw Rich hit another employee with the car only seconds before he fired his pistol.

"I thought he was hurt real bad and I didn't want to be next," Montanez said.

He said he had only seconds to draw his .40-caliber Sig Sauer handgun, turn on its laser gun sight, squeeze off a single round and jump out of the way. He said it was the first time he had ever fired the pistol.

On cross-examination, Montanez was asked how Rich could have been shot through the passenger-side window and struck in the side if he fired his weapon from the front of the car as he said.

Montanez said Rich turned as he fired, putting himself in the bullet's path.

He contradicted his female employee who testified Monday that Montanez had his gun drawn before Rich started toward him.

Ronald LaRose, who was at the scene trying to get his car back, also contradicted Montanez.

LaRose said Montanez had his gun out and was chasing Rich before Rich got into his towed car. He said Montanez had pointed the laser sight at Rich's back and also pointed the gun at him after shooting Rich.

But in a statement he gave to deputies the night of the shooting, LaRose didn't mention being targeted by Montanez.

John Kwasnoski, an accident reconstruction specialist testifying by video from Massachusetts, disputed the testimony of Cory Crites, one of Montanez's truck drivers. Crites was the employee who Montanez said was struck by Rich's car.

"That would not have happened," Kwasnoski said.

He said Rich's Chrysler Sebring could not have been traveling more than 10 mph when the incident occurred.

Two of Rich's brothers and a friend, who were with him that night, are expected to provide their recollections today.

Reporter Tom Brennan can be reached at (813) 259-7698.

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