Month: August 2015

NM secretary of state accused of embezzlement, money laundering involving campaign money

The office of New Mexico Attorney General Hector Balderas filed a complaint Thursday alleging Secretary of State Dianna Duran embezzled and laundered money intended for her campaign into a personal bank account of hers.

The 44-page complaint says AG’s office investigators conducted an investigation after receiving a confidential tip that numerous cash deposits had been made into Duran’s account that were inconsistent with her known sources of income. Continue reading

Whistleblower lawsuit claims Valentino colluded with Gov. Martinez, Sec. Skandera to bring down APS CFO, put resigned admin. in place

Albuquerque Public Schools Chief Financial Officer Don Moya filed a whistleblower lawsuit Monday against the Albuquerque Public Schools Board of Education, APS Superintendent Luis Valentino and Public Education Department Secretary Hanna Skandera for his suspension after he blew the whistle on embattled former Deputy Superintendent Jason Martinez improperly handling APS contracts.

The lawsuit – filed by Egolf, Ferlic and Day LLC – says all defendants violated the New Mexico Whistleblower Protection Act and committed civil conspiracy when Valentino sent Moya a text message saying he was going to “go after” Moya for getting involved in contracts Martinez was trying to negotiate. Continue reading

Denver DA motions to revoke ex-APS Dep. Superintendent’s bond; was notified he’d illegally left state by news reports

A Denver district attorney on Monday signed a motion to revoke bond for Timothy “Jason” Martinez, the Albuquerque Public Schools Deputy Superintendent who resigned last Thursday, in relation to his 2013 sexual assault on children charges.

A judge has yet to sign the motion, which was filed at 3 p.m. Monday. The Denver District Attorney’s Office said it is looking for a judge to sign the motion, after which a warrant would be issued for Martinez’s arrest. Continue reading

Resigned APS Deputy Superintendent faces 6 child sex charges, never completed background check

Former Albuquerque Public Schools Deputy Superintendent Jason Martinez, who resigned from APS Thursday two months into his tenure, faces six child sexual assault charges in Colorado and did not complete a required APS background check before his resignation.

Martinez is set for a pretrial hearing in Denver Oct. 2 and a jury trial Oct. 9 on the charges. He was arrested in July 2013. Continue reading

Manzano HS asst. principal shot multiple times Thurs. night; alleged shooter commits suicide

Manzano High School’s assistant principal was shot multiple times Thursday night in northeast Albuquerque by a man who then fled and later committed suicide.

Manzano Assistant Principal James Chacho, 42, was found shot multiple times in the 9200 block of Montgomery NE around 8:45 p.m. Thursday. He was in critical condition Thursday night and remained critical Friday morning.

Albuquerque police spokesperson Tanner Tixier said Friday morning Chacho was shot by 46-year-old Craig Cuthbert, who believed Chacho was having an affair with his wife.

Tixier said Cuthbert confronted Chacho earlier in the day and afterward texted Chacho asking to meet so he could apologize. APS said the confrontation occurred around 2:30 p.m. at Manzano High School after school was let out for early release. Cuthbert was escorted off the campus by APS police.

When they did meet, Cuthbert shot Chacho, according to police, then fled to the Faith Lutheran Church on 10000 Spain NE, where he shot himself to death.

CHACHO PREVIOUSLY WORKED AT SAME HIGH SCHOOL AS CUTHBERT’S WIFE

APS spokesman Rigo Chavez said Cuthbert’s wife is an occupational therapist at Eldorado High School, where Chacho was formerly an assistant principal. He came to Manzano this year from Hoover Middle School, where he was also a principal.

Chavez said Chacho is in his first year at Manzano and that the school has a crisis intervention team in place to assist students and staff Friday.

Chacho was principal at Hoover from July 2013-July 2015. He was assistant principal at Eldorado High from July 2009-2013. Before that, he served as assistant principal from Oct. 2007-2009. He was hired as an APS teacher in 1999.

A letter sent home to parents of Manzano High School kids said APS Crisis Team, counselors, teachers and other support staff will remain available through the school day as needed, and gave phone numbers for people to call should they need mental health assistance.

Chavez said classes will be on a regular schedule and counselors will remain at the campus “as long as necessary.”

COMMUNITY REACTS

“Our thoughts and prayers are with Jim Chacho’s family and all the families involved in this terrible tragedy,” APS Superintendent Dr. Luis Valentino said in a statement. “The district crisis team has joined counselors at the schools involved to provide support for students, staff and families. They will be at the schools as long as they are needed.”

While many of the students at Manzano said they did not know Chacho yet, a few did, and had glowing things to say of him.

“Whenever I got here I got to meet him. He was new and he was doing the orientation. He’s a really nice guy – really funny – and when I heard he got shot I was pretty shocked,” said student Eric Ortiz. “It seems incomprehensible, you know? The shock of it is not really hitting everybody at the same time.”

A spokesperson for the church where Cuthbert killed himself said Cuthbert was a member of the church years ago but hadn’t been active recently.

Pastor Bruce Wilder issued a statement regarding Cuthbert’s suicide Friday:

“The pastors and people of Faith Lutheran Church are deeply saddened by last night’s events.  No member of Faith was in the church building or in danger when the tragic events unfolded.  As people of God, we hold both the Cuthbert and Chacho families in our prayers.  The pastors of Faith are reaching out to family members in Christian love and compassion.  We also extend our gratitude to the members of the Albuquerque Police Department for their prompt response and professionalism.  At this time, there are no details regarding a funeral service for Mr. Cuthbert.”

This is a developing news story; stay posted to KOB.com for the latest information.

Originally published at KOB.com

Mark Redwine ID’d as person of interest in son’s death; case reclassified as homicide

The La Plata County Sheriff’s Office announced Wednesday that Mark Redwine, the father of Dylan Redwine, who disappeared in Nov. 2012 and whose remains were found in June 2013, is the person of interest in his son’s death. Dylan’s death has also been reclassified as a homicide.

The sheriff’s office announced July 1 that they had a person of interest in Redwine’s death. Mark speculated that he was the person of interest days later in an interview with the Denver Post after a former FBI criminal profiler failed to interview him in another sweep of possible suspects.

The sheriff’s office said Wednesday Mark was identified as the person of interest based on inconsistent statements he made, evidence collected and “his behavior throughout the investigation.”

Elaine Hall, Dylan’s mother, reacted to the development Wednesday evening, saying she wasn’t surprised her ex-husband was named as a person of interest.

“Not at all. I mean, I’ve been very vocal from the very beginning. And I think that the case as it’s been going, basically with the information investigators have and that was presented, it was pretty clear he was the primary suspect,” Hall said. “Obviously this is a good day in our journey for justice for Dylan. It’s obviously a very positive step when you have a person of interest named in the murder of your child. I mean that’s very positive.”

She said she hopes Mark Redwine is arrested.

“I hope it goes to an arrest. I can’t bring Dylan back. But I can, you know, and will consistently and always fight for him,” she said. “This didn’t have to happen to him. And just thanks for everyone who’s hung in there with us. And let’s just keep fighting for justice for Dylan.”

Dylan went missing during a Thanksgiving visit to his father’s house in Near Vallecito Lake in 2012. His remains were found on Middle Mountain months later, near his father’s house.

The La Plata County Sheriff’s Office served a search warrant at Mark’s home in Nov. 2012, but did not call him a suspect at the time.

Mark recounted to KOB in a June 2013 interview when he said authorities notified him his son’s body had been found.

“They called me when I was in Indy Tuesday night and said they wanted me and Elaine to identify.  I think that was their polite way of notifying the family first,” he said at the time. “All they know is that he was, for a lack of better terms, mangled by wild animals. Geographically, Middle Mountain is basically directly across the street from my house.”

A variety of items were found in a search days earlier, including bones, were collected during a five-day search of Middle Mountain Road conducted by the La Plata County Sheriff’s Office. Middle Mountain is located north and within sight of Vallecito Lake.

Mark Redwine has not been arrested. The sheriff’s office asks anyone with more information regarding Dylan’s death to call them at 970-382-7511.

Originally published at KOB.com

APD officers will stand trial for murder in shooting of James Boyd

Judge Neil Candelaria on Tuesday ruled there is probable cause for two Albuquerque police officers to stand trial in the 2014 shooting death of a homeless man.

Retired officer Keith Sandy and officer Dominique Perez will face charges of 2nd-degree murder, voluntary manslaughter and battery in court. The officers fatally shot James Boyd during a standoff in the foothills. They will be arraigned and likely booked at some point. Continue reading

7 injured, 1 dead after scaffolding collapses at Rio Rancho hospital

Seven people were injured and one was killed in a construction accident at the Presbyterian Rust Medical Center in Rio Rancho Tuesday, including three who suffered potentially-life-threatening injuries.

Four people are stable and were not seriously hurt, according to the Rio Rancho Fire Department.

RRFD Battalion Chief Richard Doty said that one person died from their injuries at UNMH, citing hospital staff.

The accident happened just before 1 p.m. Tuesday. The hospital said at a 3:40 p.m. news conference that 21 feet of scaffolding buckled and collapsed.

“The scaffolding has a platform on each floor of the tower and workers are working on installing windows and siding on each floor of the tower,” said Darren Shafer, the Medical Director of Emergency Services. “There are six total floors of the platform from the scaffolding and one section collapsed from the top to the bottom.”

“We’ve notified [Occupational Safety and Health Administration] and the site is now closed. All workers have been sent home. The site will not be reopened until both OSHA and our own contractors and engineers have deemed the site safe,” said Clay Holderman, Chief Operating Oficer for the Presbyterian Deliver System.

Holderman praised the emergency workers for their quick response Tuesday.

“They did an amazing job of immediately rescuing people and pulling people into our emergency department for treatment and securing the scene,” he said.

Construction on the addition began in November 2014, though it is being suspended for the time being.

“I think today, our main message is this is just a very difficult day for Presbyterian, for our contractor community, for the employees that work on this project and for Rio Rancho. Our prayers are with the employees and their families,” Holderman said.

ANONYMOUS WORKER RECOUNTS SCENE

A construction worker at the site spoke to KOB anonymously Tuesday afternoon, telling KOB he felt lucky to be alive.

“Now it’s set in that yeah, I could have been killed…very easily. Just lucky to be here,” the worker said. “I don’t really know what happened. It was just a big noise and then, all of sudden…I realized the scaffolding was falling and it just fell on top of me. I just crawled out. I had to push blocks and stuff out of the way and wiggled myself out and started helping my friends.”

He said there were workers nearby who were injured.

“Some of my buddies were hurt pretty bad,” he said. “I just stayed there with them, doing what I can to help them: calm them down, talk to them, hold their hands – stuff like that.”

The worker said that the company is usually very safe in their operations.

“They’re a pretty good company and my company is really a stickler for safety.”

CONSTRUCTION COMPANY HAS STRONG SAFETY RECORD

The construction on the 300,000 square-foot project is being overseen by McCarthy NM and is the health care group’s “largest capital project to date,” according to the hospital.

Bo Calbert, president of McCarthy Building Companies Southwest division, sent KOB a statement Tuesday afternoon following the accident and a worker’s death:

“Our thoughts are with the family, friends and co-workers of the tradesman who was fatally injured today at Presbyterian Rust Medical Center. Our trade partner has asked that we respect the family’s privacy during this difficult time. We are providing our full support to the local authorities and the New Mexico Occupational Safety and Health Administration officials on the investigation into the cause of today’s incident. We will also be conducting our own investigation of the circumstances surrounding the incident. We are all hopeful that those who were injured will recover quickly. Fortunately, they are getting the best care possible. A full investigation into the accident is underway.”

“We have completed several jobs with McCarthy NM over the last 10 years. We save our most difficult jobs for them,” Jim Jeppson, Director of Real Estate for Presbyterian Healthcare Services, said in a quote on the hospital’s website.

McCarthy Building Company was fined $4,000 by OSHA in Nov. 2012 and also paid a $4,000 settlement in relation to a bridge/highway construction violation in College Station, Texas for not having proper fall systems in place.

A message posted on McCarthy’s website touts its safety record:

“Our proactive approach to safety has resulted in McCarthy achieving a safety record four times better than the industry average… Our experience modifier (EMR) has produced a credit on our workers’ compensation insurance premium for each of the last 12 years.”

The Rio Rancho Fire Department said earlier Tuesday four people were trapped in the debris after a scaffolding collapsed, but updated the numbers at an afternoon news conference.

-With Elizabeth Reed, originally published at KOB.com

2nd man in Chavez-Silver shooting death turns himself in; Rep. Maez speaks

Albuquerque police arrested 21-year-old Christopher Cruz for his alleged involvement in the murder of Jaydon Chavez-Silver after he turned himself in late Monday, according to Albuquerque police spokesperson Tanner Tixier.

Cruz will be booked into the Metropolitan Detention Center on an open count of murder. A warrant for his arrest was issued earlier Monday.

18-year-old Donovan Maez was arrested late Friday and charged with an open count of murder, as well as several other crimes, in Chavez-Silver’s shooting death at a northeast Albuquerque home June 26.

Maez also faces an open count of murder, as well as child abuse without great bodily harm, assault with intent to commit a violent felony, aggravated assault with a deadly weapon, shooting from a vehicle and conspiracy charges.

According to a criminal complaint filed for Maez, police found social media posts from a group of young men referring to the shooting, and unnamed witnesses pointed police to Maez and Christopher Cruz as being involved in the shooting, though they said Maez pulled the trigger.

The complaint said Cruz posted a picture on Facebook 29 minutes before the shooting occurred that showed 10 rounds of ammunition – the same number of rounds fired into the home in which Chavez-Silver was shot.

Another witness told police Cruz drives an eggshell-colored Nissan Maxima and that the two had a TEC-9, 1911 Colt .45 and .40-caliber Glock with them at the time of the shooting.

The witness also said that Bernie Miller, whose home the shooting occurred at, owing Cruz money for marijuana was the reason for both the fight and the shooting at the home.

Maez, the son of New Mexico Rep. Stephanie Maez, D-Albuquerque, is charged with an open count of murder, child abuse resulting in death, three  counts of child abuse, 10 counts of aggravated assault with a deadly weapon, shooting from a motor vehicle, assault with intent to commit a violent felony and conspiracy.

Screenshots of Cruz’s Facebook page taken from the hours after the murder say he was “Kinda Worried About The Brothers.”

“Smoking This Fat A—Joint Tryna Finish This Bottle Of Ciroc Cuzz Nobody Likes a Quitter Lol [emoji] Kinda Worried About The Brother Tho Hmi Asap,” the post reads in its entirety.

He also has several other posts from the next day talking about a “hood night” and “last night.”

Just days later, a post of his says he “Copped A New Pistol,” with the hashtag “#Baretta.”

Saturday, a day after Maez was arrested, Cruz wrote a post saying:

“Wtf iKnow For A Fact Pager [Maez] Had Nothing To Do With That S— Like That’s F—ed Up Because They Had The REAL Shooter in Custody Not Too Long Ago But Of Course He Tried To Pin It On Someone Else iAint Even Tripping Tho My Brother Innocent && We’ll Prove It iJust Can’t Believe Ther’re Tryna Put That S— On Him Shout Out To Apd For Being So Stupid That They Can’t Solve A Case So They Just Listen To Anyone Who Says Anything That S— Ain’t Right.”

REP. MAEZ ADDRESSES SON’S CHARGES AT NEWS CONFERENCE

Rep. Maez held an emotional news conference at her father’s house Monday afternoon, saying she and her family will continue to stand by Donovan but that she had not met with him at the Metropolitan Detention Center yet.

Crying throughout, she pointed out that her family is going through a tragedy, but also had words for Chavez-Silver’s mother, Nicole Chavez.

“I want to start by saying how truly sorry I am for Nicole Chavez’s loss. As a mother, I can’t imagine the pain she’s going through regarding her son, Jaydon,” Rep. Maez said. “As a mother I can’t even imagine the pain she is going through grieving her son Jaydon.  I wish nothing more at this moment that she be able to hug her son.  Having a child to hold and talk to is indeed a gift.”

“I will not pretend that Donovan has an easy time in life.  He has faced difficulties and struggles beyond his years,” she continued. “As his mom, I’ve always been a part of his life and have done everything in my power to help him fulfil the promise that his life holds.”

When asked if her son had any history of drug abuse or mental health problems, or if her son had a father figure in the picture, Rep. Maez did not answer.

“Even the best families have unspeakable hard times,” Rep. Maez said. “Donovan is now in the hands of the criminal justice system. The charges will be handled in keeping with the laws of our state. I will though stand by him no matter how those proceedings play out.”

She is a single mother of two. Her son is being held on a $250,000 cash-only bond.

Originally published at KOB.com

18-year-old son of state representative arrested in shooting death of Jaydon Chavez-Silver

Albuquerque police arrested an 18-year-old Albuquerque man who is the son of a state representative late Friday for the murder of 17-year-old Jaydon Chavez-Silver the night of June 26.

Donovan Maez was arrested on outstanding warrants for possession of a counterfeit controlled substance with intent to distribute and auto burglary. Continue reading