Monte R. Montalvo, a former highly decorated Buffalo police officer, Wednesday was sentenced to a 12-month local jail term on his guilty plea to a misdemeanor criminal sexual act for molesting a 19-year-old female college student in 2007.
State Supreme Court Justice John L. Michalski made the sentence concurrent with the one-year federal term Montalvo got in January for unlawfully possessing a firearm while subject to an order of protection involving his former spouse.
He was fired from the Police Department in January 2009 after a nearly 15-year career.
Montalvo, 39, dressed in a T-shirt and jeans, began sobbing uncontrollably as his attorney, Michael G. O'Rourke, told the judge of the toll his "very emotional and traumatic divorce" took on him.
O'Rourke also stressed that Montalvo, who now has a state disability pension due to knee injuries suffered on the job, "is truly sorry" for what he did to the college student and for the distress his downfall has caused his two daughters.
Rosanne Eimer Johnson, chief of the Erie County district attorney's Special Victims Bureau, urged the judge to consider the emotional harm and anxiety Montalvo's assault caused his victim when he came on to her in his former Buffalo apartment shortly after they met Dec. 2, 2007.
Since Jan. 11, Montalvo has been serving the one-year jail term imposed by U.S. District Judge William M. Skretny on his guilty plea.
Last Sept. 30, Montalvo, once a member of the Buffalo Police Department's elite Mobile Response Unit and a former Army military policeman, pleaded guilty to a reduced sex charge with his victim's consent.
In March 2009, Buffalo City Judge James A.W. McLeod placed Montalvo on probation for 12 months, ordered him to get a job and denounced him as a "blemish on the Police Department" for the January 2009 misdemeanor assault conviction that cost him his job.
McLeod found him guilty of attempted assault and harassment for striking a 29-year-old neighbor with a metal rod during an argument Aug. 21, 2008, outside his home.
At Johnson's request Wednesday, Michalski also issued an order of protection to Montalvo's sex crime victim, directing him to stay away from her in all respects until March 24, 2015.