Man convicted in 2006 Modesto gang-related attack on woman and grandson is granted parole
A man was granted parole in January after 14 years in custody for a 2006 gang-related assault and attempted robbery, according to the Stanislaus County District Attorney’s Office.
David Garcia Montalbo III was sentenced to 32 years in prison in February 2010, according to a news release Wednesday from the DA’s office. He had been convicted a month prior of attempted robbery, assault with a deadly weapon and participating in a criminal street gang.
Just before 11:30 p.m. on July 7, 2006, Montalbo ran up to the vehicle of a woman and her grandson as they were heading home on Lassen Avenue in Modesto, the release said. He shouted “Night Owls,” the name of a known area street gang, and struck the woman in the head with a handgun.
The grandson got out of the car and Montalbo pointed a gun at him while demanding he give up his money before striking him in the back of the head with the gun three times, according to the release.
The grandson ran away and Montalbo fired shots, but missed.
Montalbo, now 33, was 19 at the time of the crime and qualified for early parole consideration under a 2016 Youthful Offender law signed by former California Gov. Jerry Brown.
During his incarceration at San Quentin State Prison, Montalbo was caught violating rules in 2010 for refusing to accept housing and in 2015 for conspiracy to forge documents, the release said.
Deputy District Attorney Sara Sousa argued that Montalbo should not be granted parole because he had never apologized or accepted responsibility for the attack. She cited gang affiliation, a “prolific juvenile criminal history” and prison rule violations as additional reasons not to release him.
However, the parole board took into consideration Montalbo’s age at the time of the attack, his “turbulent childhood,” self-help programming he completed in prison and a prison psychologist’s risk assessment that concluded he would be a low risk for future violence if released, according to the release.
This story was originally published March 10, 2021 at 9:01 PM.
