New Mexico

Teen suspect in Jaydon Chavez-Silver shooting pleads guilty to lesser charges

One of the teens charged in the fatal shooting of Jaydon Chavez-Silver in Albuquerque last summer pleaded guilty to lesser charges in the case Tuesday.

Nicholas Gonzales-Villasenor was indicted last August on first and second-degree murder and manslaughter charges, or their numerous alternatives.

Tuesday, he pleaded guilty to one count of shooting at a dwelling or occupied building with great bodily harm and conspiracy.

He had faced charges as a serious youth offender, but will no longer face the adult legal system since he will not be convicted of first-degree murder. He was arrested in the case in August, while he was already in custody on other charges.

He will be sentenced at a later date, a spokesman for the district attorney’s office told KOB.

Charges against two of Gonzales-Villasenor’s alleged accomplices – Donovan Maez and Christopher Cruz — were dropped in early June.The Bernalillo County District Attorney’s office said at the time it did not have the evidence to proceed with their cases.

But District Attorney Kari Brandenburg did say at the same time she believed she had enough evidence to move forward in the cases against Gonzales-Villasenor and the fourth person charged in the case: Dominic Conyers.

Conyers was arrested in early March after police determined there were three shooters at the scene.

Chavez-Silver, 17, was killed at a party in northeast Albuquerque last June in a drive-by shooting.

Month-old baby was in ambulance when it rolled in crash near downtown Albuquerque

The southbound lanes of the I-25 frontage road were closed down for more than an hour at Mountain just before noon Tuesday after a crash involving an ambulance.

Albuquerque police say there was a 1-month-old baby aboard the ambulance when it crashed. The baby was being transported in an “isolette,” which is essentially an incubator.

APD spokesman Tanner Tixier says the ambulance was driving south on the frontage road with its lights and sirens engaged.

When it entered the intersection, a pickup truck going west on Mountain through a green light hit the ambulance, causing it to tip on its side.

The baby was extracted from the ambulance, taken to UNMH for emergency surgery and remains in critical condition.

Tixier says charges have not been determined for either party yet.

Monitor says APD use-of-force investigations out of line, but other areas have improved

The Albuquerque Police Department continues to struggle in implementing new use-of-force policies on the street and administrative levels but is improving in several other areas of focus under the settlement agreement with the U.S. Department of Justice, independent monitor Dr. James Ginger wrote in the agreement’s third progress report.

The 352-page report, which is the third of 10 that will be released under the settlement agreement, was released Friday and covers the period of December 2015 through the end of March 2016. The remaining reports will be issued incrementally over the remainder of the 41 months of the settlement agreement. Continue reading

Supreme Court denies request to delay recount in NM primary race

The New Mexico Supreme Court on Thursday denied a request for a delay in a recount of a southwest New Mexico primary race for a Republican seat in House District 32.

Scott Chandler, the polarizing owner of the Tierra Blanca Ranch, trailed opponent Vicki Chavez by 16 votes after the June 7 primary votes were counted.

Since the race finished with a margin of less than 1 percent, a recount is automatically triggered under state law. The House District 32 race is one of two races statewide that will be recounted.

Chandler had petitioned the Supreme Court to delay the recount, saying there were questions as to the procedures involved in a recount.

But the Supreme Court’s denial of the petition means the recount will go ahead Friday as planned.

Missy Sousa, Gov. Susana Martinez’s former campaign manager, runs Advance New Mexico Now, which, along with other political action committees, sent out a barrage of mailers in the days before the election to remind voters of Chandler’s saga at Tierra Blanca.

Chandler set off the state’s largest-ever Amber Alert in 2013 when he took several teens from the ranch when New Mexico State Police officers showed up to rescue the teens, who were allegedly tortured, beaten and starved. He has never been charged with a crime in that incident, but faces multiple lawsuits.

NM Supreme Court: No legal ‘right to die’ for terminally-ill patients

The New Mexico Supreme Court on Thursday struck down a 2014 district court decision that ruled terminally-ill patients in the state have a legal right to aid in dying.

The 2014 decision by 2nd Judicial Court Judge Nan Nash ruled that a 1963 state statute that made it a fourth-degree felony for a physician to help another person take their own life did not apply to physicians who give a lethal dose of medication to a terminally-ill patient. Continue reading

Denver jury: Former APS deputy superintendent not guilty of child sex abuse

Former Albuquerque Public Schools Deputy Superintendent Jason Martinez was found not guilty of four charges relating to the sexual assault of children Tuesday afternoon in Denver.

Martinez faced four counts relating to his alleged abuse of two young boys: two counts of sexual assault on a child by a person in a position of trust and two counts of sexual assault on a child with a pattern of abuse. He was acquitted of all four after about a day of deliberations by the jury.

The trial was Martinez’s second relating to the charges. In his previous trial last October, the judge declared a mistrial after the Denver jury failed to reach a unanimous decision in the case.

The boys Martinez allegedly assaulted were close family friends. They allegedly contact came during trips to visit Martinez and on vacations they took together. But Martinez had maintained since the first trial he was innocent and said one of the boy’s mothers had told the boy to lie about the allegations.

Martinez was hired by former APS Superintendent Luis Valentino after the district failed to complete a background check on him. Martinez was not supposed to leave Colorado as conditions of his release on the charges, and lied about having worked in Albuquerque when asked.

Valentino was forced to resign after the charges against Martinez came to light – just two months after he started on the job.

Martinez also previously worked for Denver Public Schools.

Denver District Attorney’s Office spokeswoman Lynn Kimbrough said Martinez will be out on bond until his mid-August motion hearing for a separate assault case.

Report: Albuquerque boy shot and killed while camping with family in southern Colorado

A 7-year-old Albuquerque boy was shot and killed early Monday while camping with his family in southern Colorado.

The Denver Post reports the shooting happened around 8 a.m. Monday near Stunner Pass, which is located in between Alamosa and Pagosa Springs.

The Conejos County undersheriff said the boy was camping with three generations of his family when he somehow was shot in the chest. It is unclear exactly how the shooting happened.

Family members drove the boy to meet an ambulance, but the boy was pronounced dead after arriving at an area hospital.

The Post reports the county coroner said a local judge has imposed a gag order on the case.

Valencia County Sheriff’s Office vehicle stolen; suspect arrested in Albuquerque

A Valencia County Sheriff’s Office vehicle was stolen Wednesday morning and the driver was able to make it to Albuquerque before being taken into custody.

Valencia County Sheriff’s Office Deputy Chief Gary Hall said the deputy’s cruiser was taken from near an Allsup’s near Highway 314.

Wednesday afternoon, Hall identified the suspect as 34-year-old Salvador T. Perez. He is in custody of the Valencia County Sheriff’s Office.

Hall said he will be charged with aggravated assault on a police officer and other yet unknown counts for Wednesday’s incident. He also had a felony warrant out for his arrest from Probation and Parole on child abuse charges.

The deputy was sitting in his patrol car when Perez walked up and bashed in the driver’s-side window with a metal rod, Hall said.

The deputy called for backup, reversed and got out of his cruiser to confront Perez when another deputy arrived.

At some point during the confrontation, Perez managed to jump in the patrol car and drive off.

Hall said deputies pursued him north into Bernalillo County, sometimes at speeds of more than 100 miles per hour.

A spike belt was successfully deployed and the vehicle was brought to a stop at the intersection of Isleta and Rio Bravo SW.

New Mexico State Police and Bernalillo County sheriff’s deputies are assisting in the investigation.

Perez had an injury believed to be from before the initial confrontation with deputies and was transported to a local hospital.

Hall said there were weapons in the deputy’s vehicle when it was stolen. No deputies or others were injured during the confrontation or pursuit.

Sheriff’s Office: Albuquerque inmate escapee kills himself in Manzano home

A Metropolitan Detention Center inmate who escaped custody in downtown Albuquerque Wednesday morning killed himself in a Manzano home Wednesday evening, the Bernalillo County Sheriff’s Department confirmed late Wednesday night.

The sheriff’s office issued a news release saying 48-year-old Larry Dohrn died from a self-inflicted gunshot wound. The release said Dohrn called deputies before they arrived and said he was going to kill himself. The homeowner could not confirm if Dohrn was dead, the sheriff’s office said, but once SWAT officers were able to enter the home, they found Dohrn dead.

The sheriff had previously been unclear about whether or not Dohrn was dead.

“Apparently he is in custody,” Bernalillo County Sheriff Manny Gonzales said at an evening news conference. “So this is resolved; he is in custody. He is at that residence.”

Dohrn was en route to court from MDC when he managed to escape his shackles and kick out the back window of the transport bus while on 6th Street near the railroad tracks around 7:40 a.m.

MDC spokeswoman Nataura Powdrell-Moore says a MDC officer tried to catch Dohrn on foot, but was unsuccessful. He carjacked a vehicle between 6th and 7th streets and escaped. The driver of that car got away unharmed as well.

Bernalillo County deputies recovered the stolen vehicle in an alley near 14th and Lead around noon. Dohrm’s MDC-issued pants were also found in a dumpster nearby.

At 6 p.m., state police officers and deputies from Bernalillo County were involved in a SWAT situation involving Dohrn near Manzano, which is north of Mountainair.

At the 8 p.m. news conference, Sheriff Gonzales said Dohrn was in custody. Deputies were tipped off he may have fled to the area.

Dohrn was set to appear in court at 8:45 Wednesday morning on a long list of felony charges stemming from an arrest in early April, including two counts of receiving or transferring stolen vehicles, altering engine or VIN numbers, two counts of fraud over $2,500 and two counts of forgery.

He was also being held for several other felonies stemming from a March arrest, including three counts of aggravated battery with a deadly weapon, bribery of a witness and criminal damage to property.

He pleaded guilty earlier this year to a stolen vehicle charge from March 2015.

Sheriff Gonzales said at the news conference he had also previously escaped jail in Oklahoma.

Some Dog Head Fire evacuees begin to return home; fire 61 percent contained

Some residents of Torrance and Bernalillo counties who were forced to evacuate their homes because of the Dog Head Fire returned to their properties Tuesday morning as authorities eased some evacuation orders, and more are set to return Wednesday.

People living in Torrance County south of La Para were able to head home starting at 8 a.m. Tuesday. Some Bernalillo County residents are also being allowed home, though some people living near Chilili have not yet been allowed back.

Post-evacuation return plans from Bernalillo County can be found here. The Department of Health has also issued an outline of precautions people returning home need to take. Click here to view.

At a 4:30 p.m. community meeting, officials said remaining residents of Bernalillo and Torrance counties will be able to return home Wednesday morning except for people who live on Aceves Road, La Para or in Manzano Morning. Officials said the meeting will likely be the last.

Sheriff’s deputies, National Guard and state police officers are stationed along main roads to check people’s identification as they return home.

PNM also Tuesday morning began reconnecting power to 368 customers in the mandatory evacuation zone who have been without power since last Tuesday, when it was cut to help firefighters and avoid further sparks.

The company will start with customers near NM 14 and will work toward 217 and south toward Chilili.

The state says several road closures will remain in place Tuesday: Raquel Road from Escabosa south to the Bernalillo County line will be closed.

People in the northeastern evacuation areas will have to return from the northeast.

Gov. Susana Martinez announced Tuesday she has directed the state Department of Homeland Security and Emergency Management to begin its recovery plan. She toured several burned-out properties Tuesday.

Gov. Martinez said Monday some looters had been caught and will be prosecuted. National Guard members remain at the scene to prevent further looting.

There was some confusion about that statement Tuesday morning, as both Bernalillo County and Torrance County initially denied any arrests were made. But BCSD confirmed Tuesday afternoon there were people that had been in communication with Torrance County who told dispatch that there were four suspicious people in the area.

Torrance County did intervene and issued citations for obstruction, an official said Tuesday.

An updated map of hot spots and the perimeter of the fire as of early Monday can be seen below. If you’re on a mobile device, click here to view.

FIRE REACHES 61 PERCENT CONTAINMENT

The fire reached 61 percent containment by Tuesday night and is estimated at 17,912 acres.

Officials said Monday the fire was human-caused but said they are still investigating the exact cause. The fire has burned 24 homes and 21 other structures over the past week.

Officials said the 938 personnel currently working the fire will again work Wednesday to maintain the perimeter and mop up hot spots.

A fire official estimated Monday afternoon the fire has so far cost around $4.5 million.

Gov. Martinez announced Monday she has requested the Federal Emergency Management Agency to perform damage assessments to the affected communities in order to determine if any extra assistance will be needed.

Both the money estimate and the additional FEMA requests come on the heels of state of emergency declarations both by the state and Bernalillo County, which will free up federal and local funds to help fight the fire. The state of emergency declaration by the state means federal funds will cover 75 percent of costs associated with helping fight the fire.