San Diego television sportscaster Kyle Kraska, who suffered multiple gunshot wounds outside his Scripps Ranch home in February 2015, spoke directly to the man convicted of attempted murder in the shooting.
“I am not a victim. I will never be a victim,” Kraska said in a downtown courtroom Wednesday moments before a judge sentenced the man who attacked him.
Mike Montana, a painter, was convicted of attempted murder after shooting Kraska in the chest, leg, hip and bicep.
“Your bullets may have hit their mark but they did not kill my spirit. It did not destroy my passion and it will not extinguish my love for life,” Kraska said.
Kraska was emotional several times in his seven-minute victim's impact statement. He survived the shooting by crawling on the ground for 50 to 60 feet and asking a neighbor to call for help.
Montana was initially hired to paint Kraska's home.
However, there was a dispute over the quality of the work between Kraska and Montana. Kraska said he fronted Montana $800 for supplies before the painter quit without completing the work. Montana said Kraska failed to pay him $2,200.
Montana's defense attorney asked the judge to take into consideration his client's use of prescription drugs.
Judge Michael T. Smyth said he took that into consideration as well as a letter from Montana's sister that described a friendly, non-violent man whose actions were brought about by external forces.
“There is no doubt in my view that he was then and now remains a danger to society because of that inability to control himself,” said Smyth.
Montana received 38 years, 8 months to life in prison with possibility of parole.