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Man charged in downtown Wilmington stabbing death of U.S. Marine takes plea deal

A memorial to U.S. Marine Daniel Montano on North Front Street in downtown Wilmington.
Benjamin Schachtman
/
WHQR
A memorial to U.S. Marine Daniel Montano on North Front Street in downtown Wilmington.

On Tuesday, Davy Spencer pleaded guilty to second-degree murder and two felony assault charges stemming from the stabbing death of Lance Corporal Daniel Montano on Easter morning.

In New Hanover County Superior Court, 47-year-old Davy Spencer pleaded guilty to three counts, including second-degree murder.

As part of a negotiated deal, Spencer also pleaded guilty to two felony assault with a deadly weapon charges, one with the intent to kill, the other with the intent to inflict serious injury.

Spencer took what’s known as an Alford plea, meaning he maintains his innocence but agrees that the available evidence, if presented at trial, would produce a guilty ruling. Alford pleas are treated the same as any other felony conviction.

The case stems from the stabbing death of Lance Corporal Daniel Montano, which occurred on Front Street in the early morning hours of Easter Sunday, April 5. The 21-year-old from San Bernardino, California, was stationed at Camp LeJeune with the 1st Battalion, 2nd Marine Regiment.

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According to a court order signed by Superior Court Judge Richard Kent Harrell, Spencer was sentenced to roughly 21 to 26 years in prison, minus 185 days of time served in detention. Under North Carolina’s structured sentencing law, judges have limited discretion in imposing prison terms.

According to court records, $2,913 in attorney and other fees will be paid back through work release or post-release supervision earnings. Any of Spencer’s belongings seized by law enforcement will be released to his mother.

Ben Schachtman is a journalist and editor with a focus on local government accountability. He began reporting for Port City Daily in the Wilmington area in 2016 and took over as managing editor there in 2018. He’s a graduate of Rutgers College and later received his MA from NYU and his PhD from SUNY-Stony Brook, both in English Literature. He loves spending time with his wife and playing rock'n'roll very loudly. You can reach him at BSchachtman@whqr.org and find him on Twitter @Ben_Schachtman.