A Southside woman who was arrested and charged after fatally shooting a man outside her home will not face trial after a Nueces County grand jury declined to indict her.
Veronica Montoya shot Gilbert Garcia once outside her home just off Yorktown Boulevard in February after Garcia and Crystal Reyes — Eric Montoya's sister — showed up unannounced with luggage, banging on the door and ringing the doorbell repeatedly.
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Veronica Montoya lives in the home with her husband Eric Montoya and their 16-year-old daughter, who has autism. Reyes is Eric's sister. The couple had not had contact with Reyes since 2022 and had never met Garcia.
Two days before the shooting, Veronica Montoya said Reyes approached her at a local HEB grocery store, screaming at her.
"Everything happened so fast. I came back here to secure the doors. My daughter was here. She's 16. She has autism, and I gave her very direct directions, and it just felt very chaotic," Veronica Montoya said.
She said her ADT security system alerted her to someone in the driveway. She called 911 and remained on the line for 14 minutes. The entire episode was recorded on that call.
Eric Montoya went outside and demanded that the pair leave. Ring camera video shows Garcia had a knife at that point. Eric Montoya pointed a gun and again demanded they leave. After a few minutes, Eric Montoya brought his gun inside — all while Veronica Montoya remained on the phone with 911.
Eric Montoya then went back outside. When asked why, Veronica Montoya said investigators had already pressed him on that.
"The detectives asked him that and he doesn't have an answer. My husband is a typical man. He's an athlete and he did feel that he was going to stand his ground and that's what he did," Veronica Montoya said.
Garcia put the knife away but then began advancing toward Eric.
"I heard the terror in my husband's voice, and he is not a loud person," Veronica Montoya said. "I needed to step in and not let anything get any further."
Veronica Montoya then shot Garcia once. She was arrested that night and charged with aggravated assault with a deadly weapon. Garcia later died.
On May 1, a Nueces County grand jury declined to indict the case, meaning it will not go to trial. Nueces County District Attorney Jimmy Granberry told KRIS 6 he presented the case to the grand jury himself and does not anticipate refiling charges.
"I couldn't believe that was going to be it after all the conversations that we had had leading up to the what-ifs. We were beyond relief. We hadn't been sleeping," Veronica Montoya said.
Veronica Montoya said she stands by her decision and says she was protecting her family.
"I will always defend myself, my family, and them. Your safety, your family's safety is non-negotiable," Veronica Montoya said.
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