Loses 131 pounds in 7 months of incarceration
By Jon Johnson
SAFFORD – Appearing in front of Graham County Superior Court Judge Pro Tem Travis W. Ragland on Tuesday, defendant Mark Montez said he felt like a new man and would be successful on probation after serving his prison sentence because he was finally done with his drug addiction.
Montez and his attorney, Dennis McCarthy, both told the court they were surprised Montez was alive at all. At the time of his incarceration, Montez was so sick he couldn’t even meet with his attorney in person.
“I wasn’t sure how much longer I would live,” Montez told the court. “On a positive note, this has truly been a blessing. Since being incarcerated on Jan. 13, I’ve lost 131 pounds. I’m not on oxygen anymore, and I’m now off of my diabetic medication.”
“When I represented Mr. Montez on the dependency matter, I couldn’t meet with him in person because he was so sick,” McCarthy told the court. “We always talked on the phone, and I thought he would die any minute. He was terribly sick.”
“Since being incarcerated, he’s lost over 100 pounds, and he looks fantastic. He’s a new man. So, in a way, it was a blessing; it probably saved his life.” McCarthy said. “But he still is going to serve some time for his actions. He lost his kids because of this . . . He lost his home (and) probably end up losing his marriage.”
Montez was on probation from a 2021 conviction of possession of a narcotic drug for sale. Graham County Probation moved to revoke his status for failing to report (petition A) and for his most recent drug arrest in which he was initially charged with possession of a narcotic drug, possession of a narcotic drug for sale, transportation of a narcotic drug for sale, possession of drug paraphernalia, and use of electronic communication in a drug transaction (petition B). The new drug charges were dropped in a plea agreement, except for possession of a narcotic drug for sale, for which Montez pleaded guilty.
On Tuesday, the state, represented at the hearing by Graham County Deputy County Attorney John Griffith, requested a 5-year prison sentence on the new drug sale charge and an additional 2.5 years in prison for the probation violations.
McCarthy agreed with the presumptive 5-year prison term, but asked Judge Ragland to reinstate Montez on his probation after his prison sentence is complete, instead of adding more time.
After asking Montez his preference on how to spend his time, Judge Ragland ordered Montez to 5 years in prison for possession of a narcotic drug for sale and reinstatement on probation for his previous drug conviction upon his release. With credit for time served and one day off for every seven served, Montez could be released in about 3.71 years, or roughly around March of 2029. Judge Ragland also assessed a $500 cost of prosecution charge and gave Montez a $2,000 fine with a 79 percent surcharge.
“Once you get back here, show up, do your best (and) be honest,” Judge Ragland told the defendant. “If you do those things, you can get off probation early. If you don’t do those things, they’re going to file a petition to revoke (and) we’re going to be sitting right back here . . . So, please take it seriously, and I’m hopeful the next time I see your name it’s going to be because you’re getting off probation early. Good luck, sir.”
