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Martinez Message
THE 13TH JUDICIAL DISTRICT ATTORNEYS
REPORTER Serving Cibola, Sandoval, and Valencia Counties
Im proud to an-nounce 2016 Em-ployee of the Year awards for the 13th Judicial District Attorneys Office: Sara Chavez, sup-port staff, Joseph
Martinez and Kylie Cook, prosecu-tor. Ron P. Lopez, Chief Deputy Dis-trict Attorney received Senior Prose-cutor of the year award. Thank you for your dedication and hark work. You are appreciated! Please take time this Memorial Weekend to honor our Fallen He-roes. They have sacrificed their lives for the safety of our communities. Congratulations students for graduating from Elementary School, Mid-School, High School and Col-lege. Your future is bright. For the past three months I have spoken at different organizations, schools and senior centers about the criminal issues that plague our com-munities. Thank you everyone for allowing the opportunity to share time with you.
I will continue my efforts in speaking to community organizations who wish to learn more about on-going con-cerns in the community. To make arrangements for me to speak at your organization please contact: Terrie Montoya at [email protected] 0r please call 505-771-7414.
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. Lpez Chief Deputy
District Attorney 101 S. Main Street #201
PO Box 1919 Belen, NM 87031
(505) 861-0311
Offices:
Contents:
Martinez Message p 1
Legal Brief p 2
High Profiles p 3
District News p 4 - 11
Spring 2016 Malpais Natural Arch, Cibola County
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Legal Brief:
In the ever-changing landscape of the criminal law over the last six months, there are several cases, rules, and statutes that stand out among the rest. The following is a breakdown of some of the most important of these changes. For all cases filed on or after May 24, 2016, in the magistrate courts, any finding of exceptional cir-cumstances for an extension of time now requires a written finding by the court that the extension does not unfairly prejudice the defendant. Remember, exceptional circumstances are conditions that are unusual or extraordinary, such as the death or illness of the judge, prosecutor, or defense attorney immediately preceding the commencement of trial. The committee commentary has been updated to explain that the defendant may move the court to dismiss the case based on a particular-ized showing that the extension or impending extension would subject the defendant to oppressive pretrial incarceration, anxiety and concern, or the possibility that the defense will be impaired. The New Mexico Legislature this year fixed a gaping loophole for probation violations. It was brought to light by a decision from the Court of Appeals that held that the plain language of NMSA Section 31-21-15 did not allow tolling of probation for any defendant convicted in a metropolitan or magistrate court, if that defendant had absconded from probation. As of March 2, 2016, the tolling provision for absconders in Section 31-21-15, by way of Section 31-21-5(A) & (F), now applies to pro-bationers convicted in any district, metropolitan, or magistrate court. Many attorneys in our office have experience prosecuting DUIs, and are aware of the trends among defense counsel to get every advantage they can in these cases. The latest attack came from a defense attorney in Albuquerque who argued that a breath sample was not admissible in court because the officer who took the sample could not independently verify that the gas tank of the breath alcohol instrument was approved by the Scientific Laboratory Division of the Department of Health (SLD). The district court and the Court of Appeals disagreed with the defense. In State v. Hobbs, 2016-NMCA-022, the court noted that the regulations governing SLD and their approval of machines ap-plies to the instrument itself, as defined in 7.33.2.7(G) NMAC, and does not apply to various equip-ment, as defined in 7.33.2.7(L), which includes devices which are not a component of the breath al-cohol instrument but assist in meeting the requirements of an evidentiary breath test, including but not limited to simulators, gas tanks, gas brackets, and reference standards. Dont let your defense attorneys try to get away with this one.
Finally, an important reminder from our Supreme Court in State v. DeAndre Gonzales, No. 35,291 (2016): A self-defense instruction is not appropriate when doing so would license any participant in a physical combat thinking himself about to be the loser, to slay his opponent with whatever weapon he could lay his hands on. In short, dont bring a gun to a fist fight.
By Jeff Gordon Assistant District Attorney, Valencia County
Cibola County District Court-Valencia County District Court
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Cibola County:
State v. Ruben Romero (Serious Youthful Offender), Grand Jury Indictment charge: First Degree Murder (Willful and Deliberate), Trials are expected to begin the summer of 2016, DDA R. David Pederson, ADA's Brandon Vigil and Stephen O'Brien, prosecuting
State v. Delilah Baca, Grand Jury Indictment charge: Tampering with Evidence, DDA R. David Pederson, Trials are expected to begin the summer of 2016, ADA's Brandon Vigil and Stephen O'Brien, prosecuting
State v. Rudy Valencia (Serious Youthful Offender), Grand Jury Indictment charge: First Degree Murder (Willful and Deliberate); Tampering with Evidence, Trials are expected to begin the summer of 2016, DDA R. David Pederson, ADA's Brandon Vigil and Stephen O'Brien, prosecuting
State v. William Allen Crisp, Grand Jury Indictment charges: Attempt to Commit a Felony, to wit: First Degree Murder (Willful and Deliberate); Aggravated Battery against a Household Member (Great Bodily Harm) or in the Alternative: Aggravated Battery against a Household Member (Deadly Weapon); Tampering with Evidence, Pre-Trial Conference is scheduled for August 4, 2016 and Jury Trial is scheduled for August 22, 2016. DDA R. David Pederson, prosecuting
State v. Damon Perry, Criminal Information Charges: Second Degree Murder; Aggravated Assault (Deadly Weapon); Abuse of a Child (Does Not Result in Death or Great Bodily Harm); Aggravated Assault (Deadly Weapon), Competency Pending, DDA R. David Pederson, prosecuting
Sandoval County:
State v. Andrew Romero & State v. Tabitha Littles: charged with the murder of Rio Rancho Police Officer Gregg "Nigel" Benner. Set for trial in Valencia in September; Ron Lopez, Barbara Romo and Sonya Duke prosecuting.
State v. Jeffery Paez; charged with murder; arraigned April 18, 2016; Jessica Martinez and Troy Davis prosecuting.
State v. Roberto Rodriquez; charged with multiple counts of first degree criminal sexual penetration for molesting his daughter; entered a plea on the eve of jury trial; pending sentencing; he is facing 21 to 34 years incarceration. Jessica Martinez and Andoni Garrotte prosecuting.
Sandoval County Sherriff's Office is investigating a triple homicide after discovering the an abandoned truck off of I-25. Ongoing investigation; suspects identified, but no arrests or charges at this time; Jessica Martinez and Troy Davis prosecuting.
Valencia County:
State v. Abraham Flores (Jury Trial Verdict); Convicted of the following charges: 4 counts of CSC of a Minor in Third Degree (Position of Authority), 2 counts of CSC of a Minor in Second Degree (Person in Posi-tion of Authority), 1 count of CSP of a Minor. Defendant was remanded into custody after the verdicts were read. Pending PSR and Sentencing at this time. Bryan McKay and Julia Clark Downs prosecuting
State v. Jordan Hurd: (Jury Trial Verdict); Convicted of the following charges:2 counts of first degree murder and one count of Agg Batt (DW), Sentencing to be held at a later date. D is facing 2 life sentences plus 4 years , Bryan McKay prosecuting
High Profile New Cibola County District Court
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District News: 13th Judicial District Attorneys Employee of the year: Support Staff: Sarah D. Chavez, Valencia County Office
Sarah has been an employee with the 13th Judicial District Attor-ney's Office for 3 years and started off as the opener and receptionist and has served as the secretary for the Juvenile, Worthless Check and Probation Violation Division and is currently the DWI Secretary for ADA- Mary McCleary and Andrew Magida. Sarah has been certified for NCIC and 28 CFR Training while working with the District Attorney's Office. Prior to working with the 13th she was a Legal Assistant in a Private Law Firm.
Sarah is a resident of Belen , NM where you resides with her Husband, Thomas Chavez and their 3 children, Dominick, Paige and Mykah.
Prosecutor: Joseph Martinez, ADA Valencia County Office
Joseph Martinez was born and raised in the South Valley. Alt-hough he grew up in Albuquerque, he spent quite a bit of his youth in Bernalillo working at his familys restaurant Abuelitas New Mexi-can Kitchen. 17 years prior to be-coming an attorney, his Grand-mother, Lucy Romero, gave Jo-seph his first job. For a mere $2.00 an hour, he would pull weeds from the dirt parking lot at the restaurant.
Today Joseph enjoys fish-ing, supporting his UNLV Running Rebels, watching Game of Thrones, and spending time with his beautiful Fianc, Janelle. They are getting married June
