Montoya and colleague Gilbert Mendoza came across 22-year-old Thomas Disser, a Navy sailor, as they walked past Molly Darcy’s pub on East Bay Street shortly after 2 a.m. on April 15. Disser, who had been behaving belligerently, knocked Mendoza to the ground, according to a court filing on Montoya’s behalf. Disser began kicking and stomping Mendoza’s head with cowboy boots before turning his attention to Montoya, the court filing said. Montoya fought back, and witnesses to the fight next saw Montoya fleeing the scene as Disser clutched his abdomen, his intestines protruding from a 4-inch gash. ... Police arrested Montoya on a charge of assault and battery of a high and aggravated nature. Investigators who testified Thursday said no one saw a knife, and investigators never recovered a weapon.
