Robbie Montgomery is lucky to be alive.
“I know I am,” Montgomery said. “People tell me I’m a miracle. I tell them I’m not the miracle, I just received the miracle.”
On August 7, 2022, Montgomery was walking to her car near Bullocks grocery store at the corner of N. Broadway and Post St. She was struck by a vehicle driven by Audrey Hechler, who was 18 at the time and didn’t have a driver’s license. She is the granddaughter of T or C Mayor Rolf Hechler and the daughter of T or C Community Services Director O. J. Hechler. Audrey Hechler did not stop after hitting Montgomery.
Montgomery, living in T or C and a native of the area, was thrown eight feet into the air. She was in the hospital for six weeks, further complicated by contracting covid while there. She still has side effects. She can’t bend over without losing her balance and has since fallen causing new injuries. She lost 80 percent of her hearing in her left ear. Her thumb and forefinger on her right hand are permanently numb and she is right-handed.
She had to sue the city to get the documents and police-camera footage necessary to file a second lawsuit for damages. The city eventually released them after being fined $12,000. The state Inspection of Public Records Act allows fines of up to $100 a day for each day an IPRA request is not fulfilled as well as attorney’s fees and costs. That case was closed October 11, 2023.
May 30, 2023, Montgomery filed another lawsuit, a complaint to recover damages for personal injuries.
Although at the center of the case, Audrey Hechler was never prosecuted or named as a defendant in Montgomery’s damages lawsuit. Seventh Judicial District Judge Mercedes Murphy dismissed Audrey Hechler from the case “on the grounds of incompetency” on May 15, 2023. After viewing a psychological evaluation, Murphy agreed with the assessment that she has a “severe cognitive and emotional disability.”
Montgomery’s first count was for punitive and compensatory damages against Maria and Juan Martinez, who owned the car Audrey Hechler was driving. Montgomery said it was her understanding that Maria Martinez is O. J. Hechler’s girlfriend. Audrey Hechler was living in Las Cruces with her mother and grandmother at the time, but had come to visit her father in T or C.
Montgomery’s suit claims the Martinezes failed to “act with ordinary care” when they allowed Audrey Hechler access to their vehicle.
The second count was for compensatory damages against the T or C police department, who was responsible for Officer Shantell Gonzales’ actions. Gonzales did not have the go ahead to conduct a high-speed chase downtown and the imminent arrest of Audrey Hechler did not warrant creating such a safety hazard, which was in violation of T or C police policy.
The third count was for compensatory damages against the T or C police department and the city for their negligence. Gonzales had been an officer with the city for four years. She should have been better trained and supervised, the suit claimed.
The fourth count was for compensatory and punitive damages against the city and the New Mexico Department of Transportation. A traffic safety study ordered by them about three years ago showed that the Post/Broadway intersection was dangerous and should have a flashing light.
The parties agreed to go to arbitration. The city and the PD damages that Montgomery agreed to was $87,000 on Dec. 19, 2024, which as yet remain unpaid. City Attorney Jay Rubin stated at the Dec. 18, 2024 city commission meeting that the case had settled and that the agreement was “confidential.” No government entity in New Mexico can come to a confidential agreement. I submitted an Inspection of Public Records Act request for the settlement document on Dec. 19 and was told it didn’t exist. I submitted a second request and received it Jan. 7.
Montgomery said she also settled with the NMDOT but did not disclose the amount of that settlement.
The Martinezes have not settled yet. Montgomery said one of the problems is that their insurance company is refusing to pay because Audrey Hechler was not a designated driver. That part of the case is still ongoing.
The corner of N. Broadway and Post is still unresolved as well, but Montgomery is hoping that when NMDOT finishes repaving that area (NMDOT is repaving all of the downtown I-25 business loop) the crosswalk will be brightly painted and maybe a flashing light will be put in “so nobody else has to go through what I did.”
It is unknown if the city police force is better trained and supervised. The prior Chief of Police Victor Rodriguez left the force about a month after Montgomery was hit. He was replaced by Luis Tavizon. I did an IPRA request for current PD officers September 2024. Shantell Gonzales’ name was not among the list.