Court sides with officer who shot at minivan while kids were inside

ALBUQUERQUE, N.M. (KRQE) – A federal appeals court has sided with a former State Police officer after he was caught on dash cam video shooting at a woman’s minivan with her kids inside.

Oriana Farrell was pulled over near Taos in 2013. After driving off, a confrontation followed that led then-officer Elias Montoya to open fire.

Montoya argued he was afraid the people in the van were armed. He was later fired.

The court ruled Wednesday that Montoya did not violate Farrell or her children’s rights. Farrell was originally charged with aggravated fleeing, child abuse and drug possession but ended up reaching a plea agreement.

She was sentenced to probation and community service. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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