Monday, January 26, 2009

Officer Monte Montalvo Convicted of Hitting Neighbor with Metal Rod

Monte R. Montalvo has been terminated as an officer with the Buffalo Police Department (BPD) after he was convicted of misdemeanor assault and harassment charges.

According to Michael DeGeorge, spokesman for the BPD, Buffalo Police Commissioner H. McCarthy Gipson terminated Montalvo on Jan. 14, eight days after he was convicted on charges of striking a neighbor outside of his Baraga Street home in August. Montalvo was accused of assaulting the neighbor with a large metal rod.

"His dismissal was pursuant to the Public Officer's law, which basically states that if an officer is convicted of a felony or misdemeanor that affects the oath of office, the officer is terminated," DeGeorge said. "In this case, he was convicted on an assault [charge], which is a misdemeanor that affects the oath of office."

Montalvo is the officer accused of sexually assaulting a 19-year-old UB student during an incident unrelated to the assault charges. Montalvo allegedly met the female student last year while working security at a fraternity party. Montalvo is accused of bringing the woman to his apartment after the party and forcibly performing oral sex on her.

Montalvo served as a member of the force for 15 years prior to the conviction. The former 38-year-old officer is currently being tried for the alleged incident with the student. DeGeorge said that the BPD is reserving comment pending the outcome of that trial.

"It's in the hands of the courts at this point," DeGeorge said. "The department would have no comment until the case is resolved in court... and until the case is concluded."

Montalvo is also currently facing charges for an alleged December 2007 incident involving a handgun.

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