BY IRIS B. HOLTON
Sentinel City Editor

“…The Defendant’s pattern of deceit and disrespect for the law ultimately enabled him to carry a firearm and wear a concealed weapons permit around his neck during his towing operations. Had the defendant not carried a concealed firearm on the morning of January 8, 2006, Glen Rich would be alive today. His death is attributable to the Defendant’s lifelong pattern of deceit and disrespect for the law.”
State Of Florida’s Memorandum For Sentencing And In Opposition To Appellate Bond

On Friday (today) Donald Montanez is to appear before a judge in the Thirteenth Judicial Circuit Court. He is asking the judge to grant a bond while he appeals his second-degree murder conviction.

However, Circuit Judge William Fuente will have more to take into consideration than the words of Montanez or his attorney. The judge will have a 19-page document authored by Assistant State Attorney Jay Pruner and submitted by the State of Florida in opposition of a bond or consideration in sentencing.

For the past 6 years, Montanez has portrayed himself as a business owner of a tow truck company. The image created for the courts and the public is that of a married father who began his life in Philadelphia, Pennsylvania and graduated from North Catholic High School.

He also said he earned a degree in Business Administration from Penn State University in 1986.

His first arrest in Hillsborough County took place after he shot and killed Glen Rich on January 6, 2006.

However, according to the document, Montanez has lied about everything —  his name, age, criminal record, his mother’s name, the high school he graduated from, and his college degree — in short everything pertinent about his life.

The document stated that the only thing consistent with the defendant is the first name of “Donald.” Investigators learned Montanez was arrested for the first time as Donald Rivera on May 13, 1981, in Philadelphia.

Rivera was charged with taking and receiving stolen property. On January 31, 1984, he was charged with burglary and criminal trespass. He served two years in county prison.

Rivera was arrested on May 27, 1986, and charged with impersonating a public servant. By December 1986, he was in jail again for impersonating a public servant and driving under suspension. This time, he was booked under the name of Donald DiMartino, he received one year probation after pleading guilty.

When he moved to Florida in 1988, Donald DiMartino was arrested on August 1st of that year for impersonating an officer and driving while his license were suspended. Once again, he was given probation. In November 1988, Donald DiMartino was arrested for resisting/obstructing an officer without violence.

The name Donald Montanez first surfaced in Denton County, Texas when he was arrested on two separate instances for assault and family violence in December 1997. He pleaded no contest to both charges and was sentenced to 24 months community supervision.

The arrests under the different names were varied through fingerprint comparison, the document states.

The document uses the fact that Montanez has also used three different names, four different dates of birth and six different social security numbers is proof of his intent to deceive the court.

He also had a 20-year-old capias (issued in 1991) for failure to appear on a driving while license suspended charge in Broward County under the name of Donald DiMartino.

The trail of deceit was uncovered during an interview with Department of Corrections Probation and Parole Officer Kimberly Taylor on March 9, 2012. The purpose of the interview was to obtain background information for inclusion in a Pre-sentence Investigation Report. With a domino effect, the document derails practically everything that Montanez testified to as true about his life.

‘He also stated that he took his sister’s three children to raise after his sister’s death. The documents quote his niece as saying that was untrue and that she hadn’t seen him since she was 10 years old.

Montanez attempted to use the “Stand Your Ground” law as a defense, but the judge wouldn’t allow it as a defense. He was convicted of third-degree murder for killing 30-year-old Rich, a husband and father. The shooting took place after Montanez illegally towed Rich’s car from the Sugar Shack on E. Hillsborough Avenue. When Rich attempted to reclaim his vehicle, Montanez shot him. Montanez claimed Rich attempted to run over him. But prior to the shooting, one of his employees testified that Montanez said if he should encounter a problem, he would just “f***king kill them.”

Since the shooting, Montanez has been the subject of other criminal complaints as well. He also got into trouble since being incarcerated and had his telephone privileges taken.

Montanez is seeking the mercy of the courts, he stated, “If you can have it in your heart to let me out, I will spend every moment of every day helping Adama (the victim’s wife), with the kids.”

In light of the information uncovered, the document stated, “Release of the defendant on appellate bond shall place the public at risk.”