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Martinez Message

THE 13TH JUDICIAL DISTRICT ATTORNEY’S

REPORTER Serving Cibola, Sandoval, and Valencia Counties

The Cibola County District Attorney’s office is moving Dec 19, 2016. Our new location is at 700 E Roosevelt Ave Suite 30, Grants, NM 87020. The office will have

the same phone numbers.

I am excited to announce the new Cibola County DA’s Office will be named and dedicated The Frederick B. “Ted” Howden III, 13th Judicial District Attorney’ Office. Ted Howden was the first DA for the 13th Judicial District and a life long Cibola Community member. One of Ted's proud-est accomplishments was his work leading to the creation of Cibola County in 1981. Ted was known for many years as one of the top ten lawyers in the state and prac-ticed privately in Belen, Los Lunas and Grants, New Mexico. Over the years Ted also taught at the New Mexico State Uni-versity campus in Grants and at the New Mexico Women's Correctional Facility. For these and many other accomplishments, Ted was Grants-Cibola Citizen of the Year in 2013.

On behalf of my offices and myself, Con-gratulations to all District Attorneys on your recent election success. I wish you the very best as you take your place in the Great State of New Mexico’s Judicial branch.

As the 13th Judicial District Attorney, I hope you will consider me a resource. In addition, you are cordially invited to visit the 13th Judicial District Attorney’s Office to see first hand the important work we’re doing.

During the next few months the PPD program will be collecting coats to be dis-tributed to local communities for children of all ages. I’m proud to say The 13th Judi-cial District Attorney’s Office has collect-ed warm items of clothing for the com-munity since 2001. We believe community service is another way of keeping our dis-trict safe.

I will continue my efforts in speaking to community organizations who wish to learn more about on-going concerns in the com-munity. To make arrangements for me to speak at your organization please contact: Yvette Gurule at YGurule@da.state.nm.us or call 505-771-7414.

I hope your holidays are filled with peace, hope and prosperity.

LEMUEL L. MARTINEZ 13th Judicial District Attorney

Lemuel L. Martinez District Attorney

Cibola County 515 W. High Street

PO Box 637 Grants, NM 87020

(505) 287-1297

Sandoval County 711 Camino Del Pueblo

PO Box 1750 Bernalillo, NM 87004

(505)771-7400

Valencia County Ron P. López Chief Deputy

District Attorney 101 S. Main Street #201

Belen, NM 87002 PO Box 1919

Los Lunas, NM 87031 (505) 861-0311

Offices:

Contents:

Martinez Message p 1

Legal Brief p 2-3

High Profiles p 4

District News p 5-9

Fall 2016 Malpais Natural Arch, Cibola County

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Legal Brief:

A Holiday poem on Indian Country Jurisdiction

(with all due respect to Dr. Seuss and Ogden Nash)

Indian tribes are sovereign, you see.

As sovereign, as sovereign, as sovereign can be.

They have their own laws, and that is the key.

Along with the Feds, if felonies be.

They are a country, a land and a nation,

And it is their identity that is their foundation.

Tribal law controls in all of the cases,

where the perp and the vic are of native races.

The laws on their lands cover their people,

and none of the others, not even a handful.

State police can go in there looking for clues,

But cannot arrest those reeking of booze.1

Know that State law does not have the power

over the natives on their land at any hour.

No state law can touch those on the rez

whose background is tribal, so the law says.

If the perp and vic are not the same,

the non-native one can take all the blame.

Cibola County District Court-

Acoma Pueblo

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Legal Brief:

A Holiday poem on Indian Country Jurisdiction

(with all due respect to Dr. Seuss and Ogden Nash)

And non-natives cannot asylum there seek,

State law can reach them, so all is not bleak.

Thieves and bandits and other bad men

can be captured and charged again and again.

The tribes can agree the DA can assist

the casinos in catching the crooks in their midst.2

And haul them away to the nearest state court

and then off to prison, I’m glad to report.

Now “Indian Country” is just a bit different,

It’s not tribal land, so that creates dissent.

And I’ll augment this tale at a later date,

after I see the confusion this tale did create!

1 State v. Harrison, 2010-NMSC-038

2Under the Indian Gaming Compacts the 13th has agreements with Acoma and Santa Ana to prosecute crimes committed at the casinos.

Cibola County District Court-

By: Sherry Thompson Cibola County, ADA

Laguna Pueblo

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High Profile

Cibola County:

State v. Damon Perry; Guilty Plea to Murder in the second degree, 2 cts. Aggravated Assault (deadly weap-on) and Child Abuse; Sentencing to 10 year prison sentence stipulated, plus 5 year probation, Plea hearing set for December 2, 2016, R.David Pederson, prosecuting.

State v. William Crisp; Guilty Plea to Attempt to commit a felony, to wit: First degree murder (willful or deliberate), Aggravated Battery against a household member (great bodily harm) or Alternative Aggravat-ed Battery against household member (deadly weapon) and Tampering with evidence (capitol crime or first or second degree felony) Sentencing to 6 year prison sentence stipulated, Plea hearing set for January 13, 2017, R. David Pederson, prosecuting.

Sandoval County: State v. Andrew Romero; Murder of RRPD Officer Gregg Benner; found Guilty by jury on September 24, 2016; sentenced to Life without parole, plus 40 years for habitual enhancement; plus 20 1/2 years for other felonies committed in connection with Officer Benner's murder, Barbara Romo, Ron Lopez, and Sonya Duke prosecuted.

State v. Ricardo Garcia; Murder (open count); cold case from 2008 that was re-opened in 2014. Jury trial set for February 6, 2017, Mark Drebing (special prosecutor) and Amy Lopez Dooling prosecuting. State v. David C de Baca; Grand Jury Indictment: CSP of a minor. Former Foster parent accused of molesting one of the young girls in his charge; jury trial set for January 2017, Mathew Wadsworth and Jessica Martinez prosecuting.

State v. Mario Ibarra; Grand Jury Indictment: CSP of a minor; Former treatment foster parent accused of molesting one of the young girls in his charge. Set for trial December 20, 2016. Jessica Martinez and Mathew Wadsworth prosecuting. State v. Omar Flores Castillo, State v. Samuel Jimenez Perez, & State v. Alberto Rodriguez, Grand Jury Indictment all charged with three counts each of First degree murder and multiple other charges in connection with the killing and burying of three individuals (and their dog!) on private land near San Fel- lipe. No trial date set. Jessica Martinez and Barbara Romo prosecuting.

Valencia County: State v. Francisco Fernando Sanchez-Bello; Guilty Plea to Criminal Sexual Contact of a Minor in Second Degree ,Sentencing: TBA, There is an incarceration cap of 9 years on the 15 year sentence. State will be asking for the full 9 years of incarceration at sentencing, Julia Clark Downs prosecuted.

State v. Zachariah Alexander Pagano; Grand Jury Indictment, Kidnapping (not Voluntarily Freed) X2, Armed Robbery, Aggravated Assault (Deadly Weapon) X7, Unlawful taking of MV, Abuse of a Child, Aggravated Burglary (Deadly Weapon) Bryan McKay, prosecuting.

State v. Michael Marchese; Guilty Plea to 2 cts of CSP 2nd and 2 cts of CSC 2nd; maximum exposure is 24 years; awaiting PSR, Frank Baca, prosecuted.

Valencia County District Courthouse

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District News:

In Mid-July, Officers with the Grants Police Department received some much needed training from the 13th Judicial District Attorney’s Office. Chief Investi-gator Marty Vigil, who is a VALOR trainer, trained the officers on the topic of “Pre-Incident Indicators of Violent Attacks” against police officers. The purpose of this training is to improve situational awareness and focus dur-ing violator contacts. The officers are also trained on recognizing the actual “totality of the circumstances” and how to properly articulate those circum-stances in a report. This training also provided an overview of the importance of and legal authority for officers to obtain a reasonable tactical advantage. Multiple video examples were shown to the officers in order to recognize when an attack or escape is about to happen. This training was well received by the Grants Police Chief and his officers. For more information on the VALOR training shared with the Grants Police Department, visit www.valorforblue.org The VALOR Initiative was established in 2010 by the U.S. Department of Jus-tice, Bureau of Justice Assistance (BJA), as a response to growing trends in vio-lence against law enforcement officers. Since its inception, VALOR has trained more than 20,000 officers across the United States.

VALOR is committed to providing no-cost training, addressing current trends and contemporary issues that the law enforcement community encounters to-day. VALOR provides training appropriate for all sworn law enforcement offic-ers, from the newly appointed to the seasoned veteran, from the patrol officer to the police chief.

Marty Vigil, Chief Investigator 13th Judicial District Attorney’s Office

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District News:

On October 26th, 2016 the memorial for fallen RRPD Officer Anthony Haase, marked the two year anniversary of his death

Officer Hasse lost his life in an auto accident when he was responding to a Domestic Violence call on October 26, 2014.

Thank you for your service Officer Haase

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District News:

To the right & below:

Cibola County DA’s Office packing and getting ready for the move.

Great Team Work Zenia Howeya & Nina Salazar

Above: Cibola County DA’s Office new name.

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District News:

Welcome to the 13th New Employees :

Mark Bierdz, ADA, Sandoval County Laurie Blevins, ADA, Sandoval County

Elizabeth, “Liz” Montoya, Support Staff, Sandoval County

Krista Garcia, ADA, Valencia County Kerry C. Marinelli, ADA, Valencia County

Eric Pacheco, ADA, Valencia County Victor Sanchez, ADA, Valencia County

Nancy Diaz, Support Staff, Valencia County Sadie Gallegos, Support Staff, Valencia County

Jacqueline Nix-Hanon, Receptionist, Valencia County

Pre-Prosecution Diversion Program: The cold weather is here, many children are in need of warm jackets.

Please remember the PPD program accepts donated new youth size jackets throughout the month of December. These jackets will be distributed to local schools within Cibola, Sandoval and Valencia counties to keep children warm.

To add your school to the distribution list or to donate a jacket or for additional information please contact: 505-771-7455

Thank you,

Desiree Lovato, PPD Program Administrator 13th Judicial District Attorney’s Office DLovato@da.state.nm.us

Congratulations:

Congratulations!!:

Mary McCleary, Valencia County ADA, and Husband Little Ms. Claire

Arrived: November 17, 2016 Weighing: 9lbs 0.01 oz

Mommy and daughter are doing well

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District News:

Bottom right:

Rio Rancho Police Depart-ment had an Open House for the public on November 6th.

The Event was scheduled to help foster a spirit of commu-nity awareness and good will between citizens and the Rio Rancho Police Department Captain Ron Vigil speaking to a group of civilians who had arrived to tour the facility

Sandoval Halloween Potluck October 31,2016

Top right: Tatiana Raya, Jescia Hyland and Yvonne Ortiz

Middle left: Chris Padilla and Yvonne Ortiz