Editor’s note: This article has been updated to correct the plea entered by the defendant.
One of the defendants in a Boulder shooting case accepted a plea deal and will receive a deferred sentence in exchange for a “cooperation agreement” with prosecutors.
Madison Montross, 21, pleaded guilty Thursday in Boulder District Court to one count of accessory to a crime, a Class 5 felony.
As part of the plea deal, she will receive a two-year deferred sentence and the original charges of conspiracy to commit robbery, conspiracy to commit first-degree assault and conspiracy to commit felony menacing would be dismissed.
A deferred sentence means that if Montross were to complete the terms of her agreement and not be charged with any other crimes during her two-year term, she will be allowed to withdraw the guilty plea.
But if she were unable to complete the deferred judgement, a guilty plea on the felony would automatically enter and she would be subject to sentencing.
Boulder Deputy District Attorney Carlos Rueda said at the hearing that Montross signed a “cooperation agreement” with prosecutors, and as part of that agreement Montross will not be sentenced until after the conclusion of her codefendants’ cases.
Further details of the agreement were not discussed at the hearing Thursday.
The other two defendants in the case, Simba Maat and Jacob Evans, both pleaded not guilty in their cases. Maat is scheduled for trial starting Nov. 8, but Rueda told Boulder District Judge Bruce Langer he was “fairly certain” the trial would have to be moved back. Evans is set for trial on Dec. 13.
Maat, 21, remains in custody at the Boulder County Jail, while Evans, also 21, is free on a personal recognizance bond.
Montross in the meantime will remain out of custody on a $1,000 cash bond. While she will have to wait for the conclusion of her codefendants’ cases to be formally sentenced, Langer scheduled her for a review hearing on Feb. 8 so the case did not simply “float.” He did say Montross could appear virtually for that hearing.
Montross’ attorney Marc Milavitz said he would be requesting that her time spent on bond between Thursday’s plea and the formal sentencing be credited as time served toward her deferred judgement.
According to an arrest affidavit, police were called to the parking lot outside a housing complex in the 2900 block of Shady Hollow West on March 19, 2020, for a report of a shooting.
Officers found a man with a gunshot wound to his upper right thigh and applied a tourniquet before he was taken to Boulder Community Health’s Foothills Hospital for surgery.
A woman questioned at the scene initially denied knowing anything about the shooting but then admitted to dropping the shooting victim off to meet with friends. The woman said she was waiting in the car while the man met with his friends, and did not see or hear the gunshot.
A witness in the area identified a red Ford sedan speeding away from the scene.
Using the shooting victim’s phone, police were able to find out he had been planning to meet Montross, and police identified Maat based on social media photos and witness descriptions.
A car matching the description of the one that fled the scene was found near Montross’ home in Longmont, and police found Maat and Evans in the car and took them into custody. Montross voluntarily turned herself in to police after being contacted by detectives.
The shooting victim, who was stabilized following surgery, said he got into the back of the car with a man he did not know — believed to be Evans — in the driver’s seat, Montross in the front passenger seat and Maat in the back. The man said Maat pointed a gun at him and said, “Give me what you got.”
The man said he told Maat they were “messing with the wrong guy” because he did not have any drugs. He told police he saw a packet of cocaine and grabbed it when Maat shot him.
Maat admitted to the shooting, but said the other man had a knife and that pulling the trigger was an accident. Police never found a knife in the car or at the scene.
Montross admitted she had set up the meet to buy cocaine from the shooting victim, but said she was sleeping in the car and did not witness the shooting. But police noted her password-protected phone showed activity during the time she claimed she was asleep.
Evans claimed he was not in the area at the time of the shooting, but the car used in the incident was found to belong to him, and he told police he had not let anyone else use it.