Note: An earlier version of this story, based on information in a criminal summons, said incorrectly that Montoya was arrested on Feb. 9.
Montoya’s attorney Antonio Maestas said his client met with police after the dispute but was not arrested. She received the criminal summons on Feb. 12 and was ordered to appear in Bernalillo County Metropolitan Court on Feb. 26.
Sandoval County Treasurer Laura Montoya is facing aggravated battery charges arising from a spat with an ex-boyfriend over phone photos, police say.
During a dispute on Feb. 9, Montoya allegedly punched and bit her ex-boyfriend, Abdul Kebe, according to a criminal summons issued by Metropolitan Court in Bernalillo County.
The court issued the summons at the request of an Albuquerque police officer, who responded to a call from Kebe.
Montoya has pleaded not guilty to the charge.
“Ms. Montoya acted in self-defense. She has been falsely accused and looks forward to her day in court. She will continue, as always, to serve her community,” her attorney Antonio Maestas said in a statement.
According to the summons, Montoya asked Kebe to delete pictures of her from his phone and when he refused, she seized the phone and refused to give it back.
It said Montoya pushed Kebe away as he tried to get the phone from her. She tried to leave the house and bit Kebe’s arm below the elbow as he reached for the phone.
As he tried again to stop Montoya from leaving, she punched him with a closed fist on the side of his face, the summons said. Montoya then left the house with Kebe’s phone, leaving her own phone behind.
Kebe called police, who met with Montoya at another location. The summons said Kebe had a bite mark with teeth impressions on one arm, and a field investigator was called to photograph the injuries.
Montoya, a Democrat, was elected as county treasurer in 2012 in her first run for elected office.
Sandoval County spokesman Sidney Hill said elected officials are not subject to county personnel policy. “They answer strictly to the voters,” Hill said.