Jurors in the trial of the house painter accused of trying to kill KFMB-TV (Channel 8) sportscaster Kyle Kraska heard the painter’s tape recorded death threats Monday against the manager of the San Diego Rowing Club on the first day of trial.
Deputy District Attorney Rebecca Zipp played five tape recorded messages that were left by Mike Montana, now 55, in November 2012, to Robert Hibler, who was the manager of the rowing club that is based in Mission Beach.
Zipp said in her opening statement Monday that Montana acted in a “calm, cool, and calculated” manner when he shot Kraska. The death threats in 2012 to the rowing club manager may illustrate his state of mind and the eight men, four women jury were given transcripts of the five tapes played.
Though the main charge is pre-meditated attempted murder of Kraska, Montana is also charged with making a criminal threat to Hibler and also to an employee of the Department of Motor Vehicles. The DMV employee testified Monday Montana told her he would bring in a machine gun to shoot her and others because she would not reduce a vehicle registration fee.
Hibler was the trial’s first witness and he testified that his club held the annual Regatta when he first came in contact with Montana, who was driving a fast jet ski over the speed limit. Hibler said he and others stopped Montana, and Montana agreed “very politely” not to do it again.
Montana, whom Hibler said was wearing a helmet, goggles, and body armor while on the water, “gunned” his jet ski as he left and the waves knocked down a woman who was a racing official inside a boat.
Several days later, Montana called Hibler and complained he was “unfairly treated” that day as “people were rude to him.” Hibler said Montana made some threats and he hung up on him. A series of long threatening messages on the answering machine followed for weeks.
“I’m getting my gun on Dec. 7…I’m furious. I’m a little unstable. I’m on medication,” said Montana on the tape. “I want to shoot every f—- guy that showed up…I’m a soldier.”
As for the woman who fell into the boat, Montana said on tape he would “punish her for 100 days” and “she will not want to be with a man again.” Montana said he would also punish the row boating club for 100 days.
“He talked about having a shoot out on the Bay,” said Hibler. “He said he had bear mace for women and children. He threatened people in the boathouse.”
Hibler saved the taped messages and gave them to two detectives, but police were not able to find Montana or determine if that was his real name. In other tapes, Montana accused Hibler of having people follow him and watch him eat lunch in Mission Bay.
Hibler testified the threats scared him and his family and they took security precautions. When he heard about Kraska being shot and that Montana was a suspect, Hibler said he called police to remind them about the 2012 threats.
Montana’s lawyer, Richard Jayakumar, didn’t address the death threats charges in his opening statement, but said Montana could not form the “actual specific intent” of pre-meditated attempted murder of Kraska.
Jayakumar said Montana has been painting houses since the 1980’s, but had several back surgeries and took pain medications.
“His mental processes were so impeded by these medications that he could not form specific intent (to kill),” said Jayakumar.
Zipp said Kraska paid Montana $800 up front for supplies and expenses, but the work was “shoddy” and he failed to show up some days. Montana asked for more money, and Kraska refused. Montana insisted that Kraska pay the full $2,200 house painting fee, she said.
Montana’s lawyer told jurors Montana had to take another job to pay for supplies for Kraska’s house. “He’s a nice man, but not a good businessman,” said Jayakumar of Montana.
On Feb. 10, 2015, Montana drove to Kraska’s house in Scripps Ranch in a white van and blocked Kraska from pulling out of the driveway in his Mercedes. Montana shot out a tire and fired three rounds into the engine before Kraska was wounded four times.
“He wanted to take that $2,200 out of his vehicle,” said Jayakumar. “Mr. Montana was not trying to kill Mr. Kraska. That vehicle was being shot up and Mr. Kraska was caught up in that.”
The trial before San Diego Superior Court Judge Michael Smyth is estimated to last three weeks. He has pleaded not guilty. Montana remains in jail on $750,000 bail.