After 27-year-old Trevor Marquis Rowe, who stands accused of murdering ten-month-old Marion Jester-Montoya by stuffing the baby into a backpack and leaving her to asphyxiate in his car, filed a petition for release with the Lubbock County Court on the grounds that his indictment deadline had passed, the court basically said, “STFU, Rat-Boy.”
Obviously, that wasn’t the court’s response verbatim; I may have paraphrased a little.
Rat-Boy, which will always and forever be my nickname for this guy (just look at him), was arrested on January 7. His attorneys filed a writ of habeas corpus on April 17, asking a judge to release him on a personal bond due to the 90-day statutory deadline of indictment being “missed” by the Lubbock County District Attorney’s Office.
In case Rat-boy and his attorneys hadn’t noticed, there’s a global pandemic of unprecedented proportions going on, which is causing a few “slight” delays in literally everything, including legal processes. Texas Governor Greg Abbott made an executive order on March 29 suspending such indictment deadlines due to the COVID-19 situation. Declaring the governor’s order constitutional, Judge John McClendon denied the writ but implied Rat-Boy could seek a reduction of bond after he was indicted.
In his ruling, Judge McClendon wrote, “It should be noted that whether or not the Governor’s Executive Order GA-13 is constitutional, in this particular case a personal bond would be inappropriate in this court’s opinion.”
Last week, a Lubbock County grand jury handed down an indictment of capital murder against Trevor “Rat-Boy” Rowe. If convicted, he could face either life in prison without parole or death. Prosecutor Barron Slack has not indicated if he intends to seek the death penalty.
Rat-Boy’s attorneys filed a motion on May 6 requesting Judge McClendon to reconsider his ruling. I’m going to go ahead and predict the answer will be a figurative middle finger in Rat-Boy’s direction.
“She didn’t deserve to die like that. No child needs to be taken away that early in life, to not even celebrate her first birthday,” said Marion’s father, Emilio Montoya, who was a high school friend of Rat-Boy. Emilio spoke to an Everything Lubbock reporter via video call. “He needs to rot in jail for the rest of his life, because he doesn’t deserve to be free.”
Emilio’s mother, Sheilah “Katie” Montoya, also spoke to the reporter via video call and said Rat-Boy’s request for release reopened wounds for the family that will never heal. “He doesn’t deserve to get out because of COVID-19,” she said. “COVID-19 isn’t half as bad as what he did to her.”
Click here for my ongoing coverage of Marion’s case.
Sources: Lubbock Online, Everything Lubbock