MUSCATINE, Iowa — Anne Marie Smith was sentenced Friday to up to 45 years in prison for killing Zina Montoya last year over a drug deal gone wrong. She will have to serve a mandatory 15 years for the crime, to which she pleaded guilty in July.
District Court Judge Mary Howes said it will be up to the Iowa Department of Corrections to decide how much of the additional time Smith will serve.
Smith was originally charged with first-degree murder for shooting Montoya multiple times. Montoya was her neighbor at Ripley Trailer Court in Muscatine. Montoya’s son, Dexter Montoya, found his mother’s body on Aug. 25, 2008, in the yard of their trailer at 1365 Ripley Court. Smith and Dexter Montoya had done cocaine together and the two were involved in a drug deal with the victim. Smith, 53, pleaded guilty to five felony charges related to the death of Zina Montoya including voluntary manslaughter, assault while participating in a felony and willful injury, going armed with intent and use of a person under age 18 in a drug trade.
Montoya’s family was at the hearing but did not speak. They had previously submitted a letter to the judge.
Smith told the judge that she’d like to change what happened but can’t. She also said she is sorry for taking Zina Montoya from her family.
“I know I don’t deserve any forgiveness and I won’t forgive myself,” Smith said before Howes handed down the sentence.
Assistant County Attorney Alan Ostergren said he found the sentence, which he had recommended, suitable for the crime given Smith’s age, lack of criminal history and the fact that she has accepted responsibility for the death. All fines were suspended and Smith was ordered to pay $150,000 in restitution.
Posted in Local on Friday, August 21, 2009 12:00 am
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