House painter Mike Montana received 31 years and eight months to life in prison Wednesday for shooting CBS News 8 sports director Kyle Kraska and that includes a consecutive three-year term for Montana’s death threats to the manager of the San Diego Rowing Club in Mission Beach.
Montana, 55, of El Cajon, won’t be eligible for parole until he turns 80 years old, said Deputy District Attorney Rebecca Zipp. He received credit for serving 645 days in jail.
Montana received a life sentence for his conviction of premeditated attempted murder of Kraska, whom he shot six times in his Mercedes on Feb. 10, 2015 in his driveway of his Scripps Ranch home.
San Diego Superior Court Judge Michael Smyth added 25 years for using a gun in the crime, and imposed another three years for Kraska suffering great bodily injuries.
Smyth added three years consecutively for Montana’s conviction of making a criminal threat to Robert Hibler, the manager of the San Diego Rowing Club, in 2012, which were taped recorded and played to the jury. Hibler was present for the sentencing, but he did not ask to speak. He testified at trial about receiving recorded death threats from Montana after he asked him to not use his jet ski in an area of Mission Beach. He said Montana “gunned” his jet ski after that and waves knocked down a woman in a boat.
Montana got another eight months for threatening a Department of Motor Vehicles employee in 2014. The life sentence includes earliest parole possibility set at seven years, but Montana has to serve the 25 years first before he can be paroled.
“Every morning I see lots of scars staring back at me,” said Kraska in court. “I think about fighting for my life. I think about how many people prayed, people who mourned for my expected death.”
“I’m a grateful man. My trauma surgeon said it was a miracle I survived,” said Kraska, who has worked at KFMB-TV (Channel 8) for 17 years.
“I humbly ask for fairness,” said Kraska to Smyth. “Show him the same mercy he showed me when he showed up at my house and filled me full of bullets.”
Referring to Montana, Kraska said, “Not once has he shown a shred of remorse.”
Turning towards Montana, Kraska said: “Your bullets may have hit their target, but they did not kill my spirit. They did not destroy my passion and they did not extinguish my love for life.”
“It renewed my faith in God. You have been victimized by your own hatred. I hope that God shows you mercy that you never showed me,” concluded Kraska.
Smyth ordered Montana to pay $1,100 for Kraska’s watch and cellphone that bullets destroyed as well as $3,257 to the crime victims’ compensation board. He fined him $10,434. Any earnings Montana gets in prison will have deductions taken for restitution and fines.
Montana painted about 25 percent of Kraska’s house before he quit after asking for more money. He later demanded that Kraska pay him the full $2,200 both agreed upon completion. Kraska testified that before he shot him, Montana said he should have paid him the money. His attorney, Richard Jayakumar, apologized for the attack for Montana, saying “he’s glad he survived.” Montana nodded his head vigorously when he said that, but said nothing in court.
Jayakumar asked Smyth for a lower sentence, saying Montana was experiencing a “manic episode” and effect of various medications “had an effect on his mental abilities.”
Smyth said Montana fired 11 shots at Kraska and his car, shooting out two tires and windows with an unregistered gun that was never found. Montana “now remains a danger to society,” said Smyth. After 5 ½ hours of deliberations, an eight man, four woman jury convicted Montana July 27 of all charges. Testimony began July 11 with Hibler as the first witness and jurors heard Montana’s tape recorded threats involving a gun in his own words.