New Mexico
Tai Chan murder case goes to jury
The murder trial of Tai Chan, who is accused of shooting and killing fellow Santa Fe County sheriff’s deputy Jeremy Martin at a Las Cruces hotel in 2014, is now with a Las Cruces jury after defense attorneys and prosecutors gave their closing statements Monday morning.
The jury deliberated for around eight hours Monday afternoon into the evening before being sent home for the night. It will reconvene to deliberate at 8:30 a.m. Tuesday.
The state began the third week of the trial with its closing statements, arguing that Chan should be convicted of first-degree murder in Martin’s death.
It argued, as has been contested between prosecutors and the defense throughout the trial, that Martin was never armed throughout a drunken fight at the hotel room.
Chan testified Friday that sometime during the fight, Martin pointed his gun at Chan, which led to a scuffle and Chan eventually shooting Martin five times in the back as he fled out of the hotel room and down a hallway.
“If there was ever a clear case of first-degree murder, this is it,” prosecutors said. “This defendant had to make a conscious choice to pull that trigger each and every time he fired it.”
Chan’s defense has maintained he killed Martin in self-defense that night after a night of drinking at a Las Cruces pub.
His attorney, John Day, started the defense’s closing statements by saying the state did not meet the burden of proof that Chan did not act in self-defense the night he shot Martin.
“The burden is always on the state government of New Mexico to come in here and prove beyond a reasonable doubt that Tai Chan did not act in self-defense. They haven’t done it,” Day said.
Day argued that the state’s case for first-degree murder was full of holes — pointing out that detectives failed to test a black powdery substance on Martin’s hand that supposedly contained gunpowder residue.
“First-degree murder? No, it’s not first-degree murder. Second-degree murder? No. Voluntary manslaughter? No. He acted in self-defense, as he told you. He acted in self-defense,” Day said.
Day hammered home the self-defense claim.
“If Tai Chan had not acted to defend himself, we would have buried Tai Chan, and [defense attorney] Mr. Clark and I would have been defending Jeremy Martin,” Day said.
The case was sent to the jury around 12:30 p.m. Monday.
The two deputies stopped in Las Cruces that afternoon after dropping a prisoner off in Arizona, and were on their way back to Santa Fe.
Third case of Zika virus in NM reported in Chaves Co. man
The New Mexico Department of Health on Friday announced the third confirmed case of Zika virus in New Mexico has been found in a 41-year-old Chaves County man.
The health department says the man contracted the virus while traveling in Central America. While the species of mosquito that carries the virus is present in the summer and fall in Chaves County, the health department confirmed there was no mosquito activity in the county when the man contracted the virus.
Nonetheless, NMDOH said Friday people with water reservoirs that can be a breeding ground for mosquitoes should be sure they remain clean.
This is the third confirmed case of travel-related Zika virus in New Mexico and the second reported this week.
NMDOH reported Wednesday a 40-year-old Bernalillo County woman contracted the virus while traveling in the Caribbean, but has since recovered.
A 46-year-old Bernalillo County man contracted the virus in March while traveling in El Salvador. He too has since recovered.
The virus can be transmitted from mosquitoes or through semen and sexual contact. Pregnant women infected with the virus have seen their children suffer birth defects.
Men are encouraged to abstain from sex or use a condom if they have contracted or come into contact with someone who has contracted the virus.
French researchers also reported Friday that the virus can possibly be spread via oral sex.
Pregnant women are encouraged to avoid traveling to the affected areas.
Travel advisories have been issued for affected countries. The latest list can be found here.
NM Gov. Martinez open to meeting with Donald Trump
New Mexico Gov. Susana Martinez said she is willing to meeting with Donald Trump one day after the presumptive Republican presidential nominee turned on a dime from his comments a week earlier and said he “respected” her.
Martinez said Friday she would be open to having a discussion with Trump regarding New Mexico and a possible endorsement.
“I want to have a sit-down conversation with him,” she told KOB. “I think it’s very important for New Mexicans to know exactly where he stands on a variety of issues.”
Trump had criticized the nation’s first Latina governor for “not doing her job” in a speech in Albuquerque last Tuesday. He mentioned perhaps he should run for the state’s governor seat to “get this place going.”
On Thursday, however, Trump told the Santa Fe New Mexican he respects Martinez.
“I don’t care what he calls me or what he says or if he’s telling the truth or lies – it just doesn’t affect me,” Martinez told KOB Friday. What affects me is making sure information is being given to New Mexicans. What are they hearing to tell them who they should vote for?”
Martinez initially endorsed a Trump rival, Florida Sen. Marco Rubio, before he dropped out of the race. Since then, she’s been reluctant to answer questions about endorsing Trump.
She did not attend the Trump rally, saying she was “too busy.”
“We deserve to hear from a presidential candidate what they are going to do to deal with the issues facing New Mexico. That was not discussed [at the Trump rally],” she told KOB after Trump was in Albuquerque.
But Friday, she pointed out that he had since discussed matters relating to military bases and national labs. He told the New Mexican in Thursday’s interview that he would be “building up our military capability in New Mexico.”
“He did mention it [Thursday] in his interview with a Santa Fe newspaper, and so I’m encouraged, but I do want to have a sit-down conversation with him about other issues that impact New Mexico,” the governor said Friday.
Martinez said Thursday she has no interest in endorsing Democratic candidate and former Secretary of State Hillary Clinton. On Wednesday she said she would also not support former New Mexico Gov. Gary Johnson, the Libertarian’s nominee for president. She did not say anything about the other Democrat in race, Vermont Sen. Bernie Sanders.
Days after Trump’s attacks on NM governor, he now ‘respects’ her and wants endorsement
It took just nine days for Donald Trump, the presumptive presidential nominee of the Republican Party, to flip-flop on his opinion of New Mexico Gov. Susana Martinez.
First, the nation’s first Latina governor was “not doing the job,”as Trump said in his speech last Tuesday in Albuquerque when hesuggested he should run for governor of the state to “get this place going.”
But in an interview with the Santa Fe New Mexican Thursday, Trump changed his mind and said he wants Gov. Martinez’s endorsement.
“I respect her. I have always liked her,” he told the New Mexican. Continue reading
Blue Angels pilot dead in Tenn. crash is a Durango native
The Navy Blue Angels pilot killed in a crash outside of Nashville Thursday afternoon is a native of Durango, Colorado and graduated from Durango High School and Fort Lewis College.
U.S. Marine Corps Captain Jeff Kuss was identified by a U.S. official as the pilot killed in the crash, which happened during an afternoon practice session. The Blue Angels were scheduled to perform there this weekend.
Cpt. Kuss joined the U.S. Navy Flight Demonstration Squadron in 2014, according to the Durango Herald.
He graduated from Durango High School in 2002 and from Fort Lewis College in 2006. His parents, Janet and Michael Kuss, manage Durango Glass, according to The Herald. His grandfather, Dolph Kuss, coached U.S. ski teams at the 1964 and ’72 Olympics.
Cpt. Kuss was one of several pilots to fly over Super Bowl 50 with the Blue Angels earlier this year. He also was in one of the aircraft in December 2014 when it slid off a Maine runway and got stuck in the mud.
Prior to joining the Blue Angels, Cpt. Kuss trained and flew with several elite Marine Corps and Navy squadrons.
He has received the Strike Flight Air Medal and the Navy and Marine Corps Achievement Medal, among various other awards.
The Herald also reports Kuss learned to fly in Durango and was flying solo in a Cessna before he even had his driver’s license.
The Navy said Cpt. Kuss did not eject from his F/A-18 before the crash Thursday.
Charges dropped against 2 accused in Jaydon Chavez-Silver murder
The Bernalillo County District Attorney’s Office on Thursday dropped charges against two of the four men charged in the shooting death of Jaydon Chavez-Silver last summer.
District Attorney Kari Brandenburg said charges against Donovan Maez and Christopher Cruz were both dropped Wednesday.
Both faced first-degree murder, attempting to commit first-degree murder, shooting at an occupied dwelling resulting in death, shooting from a motor vehicle and conspiracy charges – all felonies.
Brandenburg wrote in a news release that she had consulted with Chavez-Silver’s family before making the decision.
However, Chavez-Silver’s mother, Nicole Chavez, said in a statement to KOB that she was “not consulted, but informed” that the charges would be dismissed.
“We are completely devastated with today’s news. After losing our son, the least we had hoped for was to get Justice for Jaydon. We do not agree with the statement that was issued by the District Attorney’s office, as we were not consulted but informed of the charges being dismissed, this came as an utter shock to our family. We pray that anyone with any information will come forward and tell the truth regarding Jaydon’s case. We will continue to fight to get justice for our son. We have seen firsthand the injustices in the legal system and we will continue to work towards fixing these flaws. We pray that there will be Justice for Jaydon,” Chavez wrote in the statement.
“Based upon the evidence in our possession, we do not believe it is appropriate for those cases to proceed at this time,” Brandenburg wrote in her statement.
But she said she believes there is enough evidence to move forward on the charges against the two others implicated in the crime: Dominic Conyers and Nicholas Gonzales Villasenor.
Conyers was arrested in early March after police determined there were three shooters at the scene. Gonzales Villasenor, who was 16 at the time of his arrest last August, is being charged as a serious youth offender and could face life in prison if he is convicted of first-degree murder in the case.
Maez is the son of former state representative Stephanie Maez, who stepped down after the charges came to light.
Jon Day, Maez’s attorney, spoke to KOB from Las Cruces, where he is currently representing former Santa Fe County sheriff’s deputy Tai Chan in a murder trial.
“What we’ve learned is an outrageous example of incompetent, shoddy, police work,” Day said. “Donovan and Chris Cruz are completely innocent. So today the district attorney — and we give them credit; we presented them the results of our investigation — interviewed witnesses, re-interviewed witnesses, looked at physical evidence, did the job APD should have done.”
“After he was arrested, his grandfather, who is a retired United States Secret Service Agent, who is also a private investigator — in those 10 months, we’ve been working, reinvestigating the case, doing the job the Albuquerque Police Department should have done,” Day added.
Chavez-Silver, 17, was killed at a party in northeast Albuquerque last June in a drive-by shooting.
Maez and Cruz were released from the Metropolitan Detention Center just before 10 p.m. Thursday and reunited with family and friends after spending nearly a year in jail. Their families are expected to give statements Friday.
Gonzales Villasenor was not listed as being in custody, nor was Conyers.
Sheriff’s office: 3 bodies found in Sandoval Co. related to March murders, bloody truck
Sandoval County Sheriff’s Office detectives say they have found the remains of three human bodies in a shallow grave southeast of the San Felipe Casino, and that the bodies are likely connected to a murder investigation from earlier this year.
Sheriff’s deputies and Homeland Security agents found the three bodies about 12 miles southeast of the casino Tuesday. Continue reading
Woman charged with arson in Desert Sands Motel fire
Albuquerque police on Sunday arrested a woman suspected of starting a fire a week ago that severely burned the historic Desert Sands Motel in Albuquerque.
Jennifer Maestas, 37, is charged with arson over $20,000 after the fire, which displaced about 60 people.
A criminal complaint for Maestas’ arrest says investigators obtained surveillance video from the owners of the motel, who helped fire investigators identify Maestas as the suspect.
While she did not directly admit to causing the fire, she told fire investigators that a lighter was used to start the fire inside one of the motel’s rooms, which was corroborated by investigators.
Damage to the motel has been estimated at $1.5 million.
A judge set her bond at $15,000 cash or surety at her first appearance Tuesday.
APS Chief Operations Officer dies while hiking La Luz trail
An Albuquerque Public Schools spokeswoman said Tuesday that the man who died while hiking atop Sandia Crest Monday morning was district Chief Operations Officer Ruben Hendrickson.
A New Mexico Search and Rescue officer told KOB Monday that Hendrickson was hiking the La Luz Trail with his family when he suffered a medical episode and hit his head. The group was about a half-mile from the top of Sandia Crest.
Crews worked for nearly an hour to revive Hendrickson, but he was pronounced dead at the scene. His body was taken down from the mountain by medical personal and Albuquerque Police Department Open Space officers.
Hendrickson’s cause of death has yet to be determined by the Office of the Medical Investigator.
Hendrickson was named temporary superintendent of the state’s largest school district after Winston Brooks’ contract was bought out and before Brad Winter was named interim superintendent.
Current APS Superintendent Raquel Reedy released a heartfelt statement regarding Hendrickson’s death Tuesday.
Police: Kidnapping, robbery at SW Albuquerque home left man dead, others wounded; 1 suspect arrested
Albuquerque police released further details Tuesday about a bizarre scene in southwest Albuquerque Sunday that left one man dead and have arrested the primary suspect in the case.
Police said Tuesday they have identified one of three suspects in the shooting death of 24-year-old Alfredo Ayala, who was named Tuesday as the victim in the shooting in the 8900 block of Alvera Avenue SW.
The suspect, 32-year-old Alexander Velasquez, was arrested Tuesday afternoon near 64th and Juniper NW.
Velasquez and two accomplices drove up to the home on Alvera and found Ayala and three other men outside, according to police.
The four eventual victims were forced inside the home at gunpoint by the three suspects.
Once inside, the four victims and the wife of one of the victims were broken up and forced into different rooms. At least one of the victims was handcuffed by the assailants.
Police say two of the suspects went through the house and “ransacked” it while looking for drugs and money.
The names of the victims, aside from Ayala, are not being released for their safety.
After the house was ransacked, Velasquez — the main suspect — told his accomplices he would have to kill all the victims because one of them knew him.
He then shot Ayala in the head and shot another nearby victim, merely striking the top of that person’s hat.
Velasquez went into another room, where two other victims were being held. He shot at one of the victims, but missed, according to police. He also pressed the muzzle of his gun up against the homeowner’s head and fired, but the homeowner turned his head at the last second and suffered non-life-threatening injuries.
In total, the main suspect fired at each of the four victims. One was killed, one was shot in the face and two were unharmed. The wife of the homeowner and her young child, who were also in the home at the time, fled when shots were fired.
Police say the homeowner played dead until the three suspects left and went outside to find his wife, who was in the street screaming for help.
Police are looking to charge the suspect with an open count of murder, assault with intent to commit a violent felony, four counts of aggravated assault with a deadly weapon, aggravated battery with a deadly weapon, shooting at a motor vehicle, shooting at an occupied dwelling, six counts of kidnapping, child abuse, aggravated burglary, armed robbery and conspiracy.