Commonwealth’s Attorney counters breach of peace claims
The Commonwealth’s Attorney for Fauquier County has countered the motion from Carroll Gregg Jr. who claimed a truck repossession gone wrong in June was a breach of peace.
Gregg, who lives in Marshall, has been charged with first-degree murder, among other charges, after he allegedly shot and killed a man who was repossessing his truck on June 6.
Gregg has allegedly claimed that he shot Junior Montero on accident as he tripped into a hole while running after the repo agent and accidentally fired his Remington model 742 Woodmaster rifle.
When questioned, Gregg allegedly said "I shot him. . . I shot, fell and then shot again, it was an accident."
On Jan. 20, Gregg filed a motion so that he may argue to the jury that his actions were a direct result of the repossession which he claims was a breach of peace.
Fisher argued in his motion that under Virginia law, Gregg had no right to object to the repossession of the truck “in the manner or under the circumstances in which he did so,” according to court documents.
Gregg had been delinquent on his loan payments, according to court documents.
The defense argues that breaking into the truck qualifies as breach of peace.
"The CashPoint agents should have immediately desisted any further attempt at repossessing [the truck] and left the property, which would have required CashPoint to have resorted to the appropriate legal process to enforce their rights with repossessing the truck," according to the motion.
Fisher cited Virginia case law that states that a “deadly weapon may not be brandished surely in defense of personal property.”
The motion hearing is set for Feb. 3 at 9 a.m.
Fisher also requested that the jury selected for the trial see the property to get a true sense of the series of events.
The four-day jury trial will start Feb. 17.
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