As despicable as Montoya’s actions were, his actions on the night of the murder were not the proximate cause of Ty Lowery’s death. Although Dr. Michael Markey, who performed the autopsy, testified at trial that there was “some chance” the victim would have survived had he been given immediate medical attention, he also testified that the victim would have more than likely died whether he was taken to a hospital or not. Montoya’s actions did in effect take away that slim chance, but he was not the one who put a rifle to the back of the victim’s head and shot him, nor was he the one who directed Claudia Moreno, the shooter, to do so. Montoya did supposedly hit the victim in the face multiple times while driving him to the river, however those