Sentencing set for Breadsprings man who beat girlfriend to death

Troy Livingston pleaded guilty in August to second-degree murder
• Sentencing is tentatively set for November
• He beat to death Tyler Lamebear, his girlfriend

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ALBUQUERQUE, N.M. — Troy Livingston is set to be sentenced on Nov. 12, 2020, after he pleaded guilty in August to second-degree murder for beating his 19-year-old girlfriend to death.

A notice on the docket states the sentencing will be at 9:30 a.m. in the Cimarron courtroom in front of District Judge William Johnson.

The docket and notice do not state if the hearing will be in person, virtual, a combination of the two or if that has not been decided yet.

Livingston, 20, pleaded guilty on Aug. 4, 2020, to a criminal information charging him with second-degree murder for Tyler Lamebear’s beating death on April 6, 2019. Livingston is an enrolled member of the Navajo Nation. Second-degree murder carries a maximum sentence of life.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the plea, Livingston admitted to beating Lamebear with his hands, feet and a metal flashlight causing severe head, face and body injuries.

Although Magistrate Judge Laura Fashing took the plea, she deferred final acceptance until the sentencing hearing in front of Johnson.

It appears from the docket that the pre-sentence report may have been filed because entry 50 from the docket is missing, pre-sentence reports are not public and a sentencing date has been set.

What federal probation officers think his sentencing range should be has not been entered into the court docket yet. It is usually revealed either through a prosecution or defense sentencing memorandum.

A federal grand jury previously indicted Livingston on a charge of first-degree murder on Jan. 29, 2020.

Sentencing guidelines

The base offense level, per the sentencing guidelines for second-degree murder, is 38. The plea deal provides Livingston with a two-level reduction for pleading guilty, putting the base level at 36.

According to the federal sentencing table, with little or no criminal history, that puts Livingston’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the range increases to 20 to 24 years.

According to New Mexico and federal court records, Livingston has one past criminal case, for intoxicated driving and child endangerment from March 2019. Prosecutors dismissed that the case at the magistrate level, without prejudice, on May 8, 2019 in a form dismissal and wrote that Livingston was in federal custody for “an alleged capital offense.” Past arrests or convictions in tribal court are unknown. His addresses are listed as Church Rock and Vanderwagen in state court documents.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43. Sentence ranges are in months. Second-degree murder has a base level of 38 (sentence range of 20 to 24 years) and the plea deal means a two-level reduction, to 36, creating a sentence range of 16 to 20 years.

 

The killing

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and Lamebear were arguing and Gertrude Livingston could “sense tension” between them. She then heard crying, which she believed was from her son hitting Lamebear. He ordered his mother out of the bedroom and she complied, Waldron wrote.

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house and heard wheezing from inside the bedroom door. At some point, she called the Navajo Police Department to report a violent “dispute,”  Waldron wrote.

Officers found Lamebear lying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to his 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported Lamebear to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

Livingston told FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie, during an interrogation, that he “took it too far, way too far.” He was angry Lamebear admitted to having sex with his friend. He also admitted to using a flashlight to beat her, Waldron wrote.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

For more details on the incident, see the case write-up

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Arizona man pleads to involuntary manslaughter without deal in DWI killing

Maroquez Clah pleaded guilty without a plea deal
• He faces a maximum sentence of eight years for killing Darrel Chavez, 22

See the case write-up or read more stories about this case

ALBUQUERQUE, N.M. — Maroquez Clah pleaded guilty to involuntary manslaughter, Sept. 21,  for killing his friend in a drunk driving crash near Mitten Rock.

Clah, 28, of Red Valley, Ariz., pleaded guilty without a plea agreement and he faces a maximum sentence of eight years for the Aug. 30, 2019 crash that killed Darrell Chavez, 22.

Panoramic photo of Red Valley, Arizona, with no buildings in sight.
Red Valley, about a mile west of the New Mexico state line, 36.5845 -109.0732, Apache County, Arizona, 5/17/2014. Photo by Patrick Alexander/Flickr. CC BY-NC-SA

According to the plea minute sheet, Magistrate Judge John Robbenhaar accepted the plea. Robbenhaar allowed Clah to remain on his current conditions of release. He is living with his parents in Red Valley.

According to a proffer of evidence at trial filed by federal prosecutor Novaline Wilson, Clah acted with “wanton and reckless disregard for human life” when he drove drunk.

No sentencing date has been set.

A grand jury indicted Clah on a charge of involuntary manslaughter on Nov. 25, 2019 for crashing his truck while drunk near Mitten Rock, killing Chavez. He was not arrested until Feb. 14, 2020.  Federal Magistrate Judge Paul Briones released him to a halfway house over the objection of prosecutor Wilson. Briones refused to release him to his home in Red Valley to help his ailing parents amid the coronavirus pandemic. Federal District Court Judge Kea Riggs overruled Briones and ordered him released on April 20, 2020.

Details of the crash

FBI Agent Lancy Roundy wrote in a search warrant filed for Clah’s truck on Sept. 4, 2019, that Clah told federal investigators, while in the hospital, he had been drinking alcohol throughout the day prior to driving from Farmington to his home in Red Valley, Arizona. Chavez is referred to as “John Doe” in court records.

“Clah recalled John Doe being a passenger of his vehicle at some point during the drive,” Roundy wrote. “Clah admitted to drinking vodka approximately six hours prior to driving his vehicle home and remembered losing control of the vehicle while driving approximately 70 miles per hour before the vehicle rolled several times.”

Roundy wrote that, according to Clah’s hospital records from his treatment after the crash, his blood-alcohol content was 0.258, over three times the legal limit of 0.08.

According to Chavez’s autopsy report, he was not wearing a seatbelt and was ejected from the truck during the crash.

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Judge rules Trudy Martinez has no right to in-person pre-sentence interview

  • Judge William Johnson wrote Trudy Martinez has no right to an in-person interview with the probation officers preparing her pre-sentence report
  • Martinez pleaded guilty in March 2020 to voluntary manslaughter and a firearm enhancement
  • Alonzo Padilla’s motion does not appear in court records and he did not respond to questions about the possible improper sealing of his motion

See the case write-up

ALBUQUERQUE, N.M. — Trudy Martinez, 29, of Twin Lakes, has no right to an in-person interview with the federal probation officers tasked with preparing a pre-sentence report and determining the range of her suggested sentence, a federal district court judge ruled.

Trudy Martinez

Martinez pleaded guilty on March 16, 2020, to voluntary manslaughter and a firearms enhancement for shooting her sister-in-law Cornelia McCabe with an AR-15 on April 26, 2019. She faces a sentence of 10 to 15 years.

In an Aug. 18, 2020 order, District Judge William Johnson wrote he would grant Alonzo Padilla‘s motion to continue sentencing the case, but only because there was good cause and not because he agreed with Padilla’s position that Martinez was entitled to an in-person interview. He continued sentencing until Nov. 30, 2020.

“To be clear, Defendant is not entitled to an in-person interview with Probation for the purposes of completing her PSR,” Johnson wrote. “In fact, the Court finds her insistence on an in-person interview to be unreasonable, especially when she cites no legal authority which would require an in person interview, or even that an interview is required at all.”

Padilla filed a motion on July 21, 2020, and in it said that he wanted a 90-day continuance “in order for an in-person presentence interview to be conducted given ‘the serious nature of this case,'” according to a response in opposition filed on July 23, 2020, by prosecutor Thomas Aliberti.

Padilla’s motion was numbered 36 and does not appear in the court docket. It also does not appear that Padilla filed a motion, or for permission to seal his motion to continue the case. Padilla, a public defender, did not return a request for information about his motion.

Writing in New Mexico In Depth, Jeff Proctor illuminated a pattern and practice by prosecutors and public defenders to improperly seal documents in federal criminal cases, contrary to local and federal rules on sealing procedures.

“Judges, not lawyers, are supposed to decide which documents are made available to the public and which should remain secret through an established protocol based in part on decades of case law: Attorneys must submit a written request asking a judge to seal records and a judge must consent before records are sealed,” Proctor wrote.

At the heart of Padilla’s request, which may be sealed in violation of court rules, is the demand that she be interviewed in person by probation. In-person interviews are problematic because of the coronavirus pandemic, according to court filings.

“The Court has no way of determining how long the pandemic and the corresponding ban on in-person visits at the Santa Fe Detention Center will last, or when an in-person interview can be safely conducted in the foreseeable future.” Johnson wrote.

Probation officers are “routinely” interviewing people in other criminal cases, leading Johnson to be at a “total loss to understand how Defendant is prejudiced if she’s interviewed by Probation with her
counsel participating utilizing videoconferencing or telephonic equipment.”

Johnson wrote he was admonishing Padilla that he will not grant further continuances solely because she wants an in-person interview.

“The PSR will be completed, with or without Defendant’s cooperation,” Johnson wrote. “The Court will consider Defendant’s ability to participate waived if she refuses to cooperate unless the interview is conducted in-person.”

Johnson wrote that Padilla also asked for more time to interview members of Martinez’s family, on the Navajo Nation, who are disproportionately impacted by the pandemic.

Sentencing is currently set for 9:30 a.m., Nov. 30 in the Cimarron courtroom in Albuquerque and will likely be available via video conference.

According to the plea deal, Martinez intentionally killed McCabe during a sudden quarrel and therefore, without malice.

One of McCabe’s children told investigators she witnessed her mother’s killing and that Martinez first pushed her mother before going back to her truck to retrieve an AR-15 carbine, which she then loaded in the house, FBI Agent Jeffrey Wright wrote in an affidavit for an arrest warrant. McCabe is referred to as “Jane Doe” in his affidavit.

“DOE attempted to take the rifle away from Martinez,” Wright wrote. “As DOE approached MARTINEZ at the entrance to the Hogan, MARTINEZ pointed the rifle at DOE and fired the weapon two times. The first round missed DOE, but the second round struck DOE in the abdomen, after which DOE fell to the floor.”

See the case files on Google Drive or on Document Cloud or See the full case write-up.

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Breadsprings man pleads to second-degree murder for beating death of girlfriend

Troy Livingston pleaded guilty to second-degree murder for the beating death of 19-year-old Tyler Lamebear
• Livingston’s 2 1/2 year old child was in the house while he beat Lamebear to death
• He faces up to life in prison

See the case write-up or more stories about the case

ALBUQUERQUE,  N.M. — During a virtual 30-minute hearing Aug. 4, 2020, Troy Livingston, 19, pleaded guilty to second-degree murder for the beating death of his girlfriend, Tyler Lamebear, 19.

Troy Livingston

Livingston pleaded guilty to a criminal information charging him with second-degree murder for Lamebear’s death on April 6, 2019.

According to the plea deal signed by prosecutor David Cowen, Livingston will be entitled to a two-level reduction in the federal sentencing guidelines, although where that puts his sentence is unknown pending the outcome of a pre-sentence report.

According to the minutes, Magistrate Judge Laura Fashing asked why the plea needed to be held so soon, and made findings as to why the plea hearing was held, but not what those findings were. The final acceptance of the plea was deferred until the sentencing hearing in front of a district court judge.

According to the plea, Livingston admitted to beating Lamebear with his hands, feet and a metal flashlight causing severe head, face and body injuries.

No sentencing hearing has been set.

Second-degree murder carries a maximum sentence of life.

A federal grand jury previously indicted Livingston on a charge of first-degree murder on Jan. 29, 2020.

According to the autopsy report by Lori Proe, Lamebear had multiple “bruises, scrapes and skin tears of the face and scalp” and many of them had a distinctive shape, like that of a flashlight. Her nose was broken and there was bleeding in the deep tissues of her scalp and bleeding over the surface of her brain, which was swollen, “a change that can occur when the organ is damaged and/or deprived of oxygen.”

Multiple ribs were broken and she was bleeding in her chest and what would be a bite mark on her left shoulder, Proe wrote.

According to a deputy field investigation by Harolynn Yazzie, she was covered in dried blood and her clothing was soaked in blood.

The incident

On April 6, 2019, Troy Livingston’s mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and his girlfriend, Tyler Lamebear, came home to her Rodeo Road home in Breadsprings, FBI Agent Monty Waldron wrote in a statement of probable cause for Livingston’s arrest.

At 3 a.m., Livingston and Lamebear were arguing and Gertrude Livingston could “sense tension” between them. She then heard crying, which she believed was from her son hitting Lamebear. He ordered his mother out of the bedroom and she complied, Waldron wrote.

When she heard more crying, she went into the bedroom and saw her son allegedly stomping his girlfriend with his foot and described the girlfriend as being in a ball, her arms and hands around her head, he wrote.

“Again LIVINGSTON told G.L. to get out, so G.L. left the house,” Waldron wrote. “LIVINGSTON locked the door behind G.L. From outside, G.L. could hear screaming, thumping and banging.”

When it was quiet, the mother went back into the house and heard wheezing from inside the bedroom door. At some point, she called the Navajo Police Department to report a violent “dispute,”  Waldron wrote.

Officers found Lamebear lying on the floor, covered in blood, badly beaten. They asked her who beat her and she responded, “Troy did this to me.” Livingston was lying on the bed next to his 2-1/2-year-old toddler, who was not harmed, he wrote.

Medics transported the girlfriend to the Gallup Indian Medical Center. She either died at the hospital or before she arrived, he wrote.

Livingston told FBI Agent David Loos and Navajo Criminal Investigator Ben Yazzie, during an interrogation, that he “took it too far, way too far.” He was angry Lamebear admitted to having sex with his friend, Waldron wrote.

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Judge finds Jansen Peshlakai a danger to the community and won’t release

• Judge denies Jansen Peshlakai‘s bid for release
• Peshlakai showed no elevated risk from the coronavirus

See the case write-up

ALBUQUERQUE, N.M. — Jansen Peshlakai will continue to be housed in the private Cibola County Correction Center after a federal judge found him to be a danger to the community and that the coronavirus did not pose enough of a specific threat to him.

Shiprock. Photo by Mobilus In Mobili/Flickr

According to minutes from the June 4, 2020 hearing, conducted via Zoom, Peshlakai’s attorney, Edward Bustamante, asked he be released to the third-party custody of his sister in Oklahoma.

Federal prosecutor Allison Jaros provided an update on the status of coronavirus cases in the Cibola County Detention Center and asked Peshlakai remain in jail, according to the minutes.

According to the minutes, U.S. Marshal Deputy G. McCoy “provides information re: COVID-19 cases, status of employee’s health at Cibola and outlines medical treatment defendants receive upon entry/release from center.”

Jaros brought one exhibit, entered onto the record, but it was uploaded to PACER and the minutes do not state what it was.

At the end of the 45-minute hearing, District Judge Judith Herrera ordered Peshlakai continue to be held as a danger to the community, according to the minutes.

“Court finds defendant has not shown there is an elevated risk to him in contracting COVID-19, outlines reasons and denies request for release,” the minutes state. “Ms. Jaros to submit order”

Peshlakai allegedly ran down 20-year-old Dakota Whitehat on July 13, 2018. Whitehat was in a vehicle that stopped because Peshlakai was fighting with his wife on the side of the road and, according to one report, screaming for help, according to court documents. Read more about the case in the write-up.

A grand jury indicted Peshlakai on a charge of second-degree murder three months later, on Oct. 2. 2018.

Peshlakai’s competency to stand trial was an issue from the start of the case and he was found not competent on June 14, 2019, before being rehabilitated and found competent on March 20, 2020, his attorney, Edward Bustamante, wrote in a motion for his release.

Jaros opposed Bustamante’s request.

The Cibola County Correction Center, and the company that runs it, CoreCivic, have come under scrutiny because of its handling of the coronavirus pandemic.

In a March 30 response to the United States Marshals Service, Cibola County Detention Center Warden Luis Rosa Jr. wrote a vague letter that the facility is following proper guidelines and instituting social distancing within the facility.

That comes in stark contrast to reporting by Jeff Proctor at New Mexico In Depth. Proctor wrote that inmates had to sign a waiver before receiving face masks.

According to a May 12 filing by Jaros, two federal inmates have tested positive for the coronavirus. They were transferred from Otero County in early May, 2020.

No further hearings are scheduled.

The Cibola County Correction Center allegedly forced inmates to sign waivers before giving them face masks, according to Jeff Proctor reporting in New Mexico In Depth.

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Jansen Peshlakai requests release because of the coronavirus after competency determination

See the case write-up

ALBUQUERQUE, N.M. — Jansen Peshlakai is asking a federal judge to release him to a halfway-house pending trial because of the coronavirus pandemic.

Peshlakai allegedly ran down 20-year-old Dakota Whitehat on July 13, 2018. Whitehat was in a vehicle that stopped because Peshlakai was fighting with his wife on the side of the road and, according to one report, screaming for help, according to court documents.

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

A grand jury indicted Peshlakai on a charge of second-degree murder three months later, on Oct. 2. 2018.

Peshlakai’s competency to stand trial was an issue from the start of the case and he was found not competent on June 14, 2019, before being rehabilitated and found competent on March 20, 2020, his attorney, Edward Bustamante, wrote in a motion for his release.

He was then returned to New Mexico on April 17, 2020, and taken to the Cibola County Correctional Center outside Milan, a private jail run by CoreCivic, Bustamante wrote.

Peshlakai previously appealed the initial order that he be held without bail. It was denied. Because of the coronavirus pandemic and Peshlakai being transferred, Bustamante filed the new motion for release on April 20, 2020.

“Jansen Peshlakai is an at risk detainee due to his permanent closed head injury and his course of medications that make him vulnerable to any health threat while detained,” Bustamante wrote.

He asked that his client be released to his daughter, Jennifer Peshlakai, in Oklahoma, or his mother, in Churchrock.

Prosecutor Allison Jaros wrote in a response, dated April 23, 2020, that Bustamante did not argue that his client is no longer a flight risk or a danger to the community and that the pandemic would not make it less likely he would violate court orders and drink or harm others if released from custody.

“Defendant’s mental condition has improved since his incarceration, likely due to his forced sobriety,” Jaros wrote.

According to Peshlakai’s own doctor, he requires “24/7” supervision for safety, food preparation, medication administration and assistance with other basic daily activities, she wrote.

Cibola County Detention Center badge
Cibola County Detention Center badge

“The COVID-19 pandemic simply has no bearing on whether conditions of release can reasonably assure the defendant’s appearance in court and the safety of the community,” Jaros wrote.

She wrote that Peshlakai is also not particularly at risk from the coronavirus, citing a New York case where a man with dementia and a history of strokes and heart attacks was denied pre-trial release during the pandemic.

“It would be pure speculation for the Court to presume that Defendant’s underlying conditions pose a greater risk to his safety than if he was released back into the public, where he could resume drinking,” Jaros wrote.

She wrote that when he was arrested, he also had three outstanding warrants. One was a New Mexico probation violation case, although she did not specify if it was federally issued or a state case, and two for failing to appear in court in Oklahoma.

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Woman pleads guilty in 2019 Twin Lakes killing

  • Trudy Martinez pleaded guilty to voluntary manslaughter and a firearm enhancement
  • Martinez shot her sister-in-law, Cornelia McCabe, in the abdomen in Twin Lakes, in front of at least one of the woman’s children
  • She faces a minimum sentence of 10 years and a max of 15 years
  • Sentencing is tentatively set for Aug. 24, 2020

See the case write-up

ALBUQUERQUE, N.M. — A Twin Lakes woman pleaded guilty, March 16, 2020, to voluntary manslaughter and a firearm enhancement for shooting and killing her sister-in-law with an AR-15 in April 2019.

mug of Trudy Martinez
Trudy Martinez

Trudy Martinez, 29, of Twin Lakes, will spend at least 10 years in prison for killing Cornelia McCabe, 36, her sister-in-law. She is identified in court documents as C.M.

Martinez pleaded guilty in front of federal Magistrate Judge Paul Briones who deferred acceptance of the plea to the district judge sentencing her in the case, according to the minutes.

When she was first arrested, Federal Bureau of Investigations agents charged her with an open count of murder.

Federal prosecutor Thomas Aliberti signed the plea deal and filed the criminal information charging her with voluntary manslaughter and the firearm enhancement. Voluntary manslaughter carries a maximum sentence of 15 years while the firearm enhancement carries a minimum 10-year sentence.

According to the plea deal, Martinez intentionally killed McCabe during a sudden quarrel and therefore, without malice.

One of McCabe’s children told investigators she witnessed her mother’s killing and that Martinez first pushed her mother before going back to her truck to retrieve an AR-15 carbine, which she then loaded in the house, FBI Agent Jeffrey Wright wrote in an affidavit for an arrest warrant. McCabe is referred to as “Jane Doe” in his affidavit.

“DOE attempted to take the rifle away from Martinez,” Wright wrote. “As DOE approached MARTINEZ at the entrance to the Hogan, MARTINEZ pointed the rifle at DOE and fired the weapon two times. The first round missed DOE, but the second round struck DOE in the abdomen, after which DOE fell to the floor.”

Sentencing is tentatively scheduled for Aug. 24, 2020, at 10 a.m. in the Cimarron Courtroom in Albuquerque in front of District Court Judge William Johnson. It was moved to August after Martinez’s attorney, Irma Rivas, filed an unopposed motion to push out the sentencing date because Martinez wants her pretrial interview to be in person but the coronavirus pandemic has eliminated in-person visits at the Santa Fe County Detention Center, where she is being housed.

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Judge releases Arizona man to family amid the coronavirus pandemic

  • A federal district judge ordered Maroquez Clah released from an Albuquerque halfway house to his parents’ home in Red Valley, Ariz.
  • The district judge granted Clah’s appeal, overruling federal magistrate Judge Paul Briones, who refused to release him
  • Prosecutor Novaline Wilson opposed Clah’s release request in what could be an improperly sealed opposition 

See the case write-up or read more stories about this case

ALBUQUERQUE, N.M. — A Red Valley, Ariz. man will get to return home to take care of his ailing father, help is elderly mother and raise his daughter after a federal District Court judge ordered him released from an Albuquerque halfway house, overruling a federal magistrate judge, and federal prosecutor, who wanted to keep him in a communal setting despite the risk of the coronavirus, in a ruling April 20, 2020.

Panoramic photo of Red Valley, Arizona, with no buildings in sight.
Red Valley, about a mile west of the New Mexico state line, 36.5850 -109.0712, Apache County, Arizona, 5/17/2014. Photo by Patrick Alexander/Flickr. CC BY-NC-SA

Federal District Court Judge Kea Riggs granted Maroquez Clah’s appeal on April 20, 2020, and ordered him released.

Clah is charged with involuntary manslaughter for allegedly crashing his truck while drunk, which killed Darrell Chavez, 22, on Aug. 30, 2019, near Mitten Rock, New Mexico. A grand jury indicted him on Nov. 25, 2019 but he was not arrested until Feb. 14, 2020 and released to a halfway house on Feb. 20, 2020, after he was arraigned by Federal Magistrate Judge Paul Briones, and over the objection of prosecutor Novaline Wilson. (Read more on the details of the crash in the case write-up or read previous stories about the case.)

Briones denied Clah’s request to be allowed to move to Red Valley, Ariz., to take care of his parents and daughter, on April 1, 2020 and wrote in his denial that the dangers of the halfway house were justified because of Clah’s “pattern of prior conduct” and that his defense attorney didn’t show that there are “sufficient safeguards” to protect the community from the risk of Clah drinking and driving, if he isn’t living at the halfway house.

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Judge: Blood tests in alleged drunk driving killing can be used at trial

  • Kayla Baker is charged for allegedly killing a man in a DWI crash on June 16, 2018 near Navajo
  • Baker was released back to Arizona where she worked as a nurse
  • Prosecutors indicted her 17 months after the fatal crash

See the full case write-up

ALBUQUERQUE, N.M. — A Cornfields, Ariz. woman will not have her 0.15 blood-serum test thrown out as evidence in her involuntary manslaughter and assault on a minor case following a federal district court judge’s ruling, April 9, 2020, that she voluntarily gave them access to her medical records.

Photo of the Navajo Code Talker Monument in Window Rock, Arizona, with the Window Rock in the background.
Navajo Code Talker Monument, Window Rock, Arizona. Photo by John Fowler/Flickr. CC-BY

Kayla Baker, 24, is charged with involuntary manslaughter and assault of a minor resulting in serious bodily injury after she allegedly drunkenly crashed her car into oncoming traffic on June 16, 2018, on Route 12 outside the town of Navajo, near the border with Arizona. She does not appear to have ever been charged in magistrate court with J.G.’s death, rather, a federal grand jury indicted her 17 months after the fatal crash, according to court documents.

Baker allegedly tried to pass a woman on the two-lane highway and slammed into a car carrying a man, only named J.G. (YOB: 1988, enrolled Navajo National tribal member) in court documents, his “common-law wife,” their 16-month-old son and the woman’s 17-year-old sister, according to court documents.

Baker’s attorney, Aric Elsenheimer, tried to get all the test results thrown out under the theory that she did not voluntarily consent to give them to tribal investigators Farrell Begay and Samantha Yazzie when they interrogated her at a jail in Window Rock, Ariz., following the crash. No court documents state she was charged with, or by whom, while she was held in Window Rock.

A separate blood test at the FBI crime lab showed a blood-alcohol level of 0.12, according to court documents.

District Judge William Johnson dismissed the motion on April 9, 2020.

Johnson also dismissed a motion, on March 6, 2020, to dismiss the charge of assault of a minor resulting in serious bodily injury.

Elsenheimer wrote in the motion that the assault charge, which carries a minimum mandatory sentence of 10 years and a maximum of life, required prior knowledge and intent, that is, that Baker knew and intended his 17-year-old victim was underage when she allegedly drunkenly crashed into her. Assault resulting in serious bodily injury, not done to a minor, carries a maximum sentence of 10 years — the mandatory minimum for its counterpart done to a minor.

On Feb. 28, 2020, Johnson granted a motion to continue the case for a jury trial tentatively set for July 6, 2020.

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Trial in Nenahnezad beating death postponed for third time

  • FBI agents originally charged John Lodgepole with murder for allegedly killing a woman by repeatedly kicking her in the head on Aug. 1, 2019
  • Despite being arrested, his case was sealed until a day before he was arraigned on an indictment for voluntary manslaughter
  • His case has been postponed three times already

See the case write-up or read more stories about this case

ALBUQUERQUE, N.M. — John Lodgepole‘s trial on a charge of voluntary manslaughter for the alleged Aug. 1, 2019 beating death of a woman in Nenahnezad has been tentatively set for June 1, 2020.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

Lodgepole was first arrested, and charged with murder, on Aug. 1, 2019, the night he allegedly kicked a woman in the head repeatedly, killing her.

A federal grand jury indicted Lodgepole, 20, on a charge of voluntary manslaughter on Oct. 9, 2019, alleging “upon a sudden quarrel and heat of passion, and therefore without malice, unlawfully” killed a woman only identified by the initials M.W. (YOB: 1975).

Since he was arraigned on Oct. 28 by Magistrate Judge Kirtan Khalsa, his case has been continued three times at the request of his defense attorney, Melissa Morris. He pleaded not guilty during that hearing and waived a detention hearing.

A trial is tentatively set for June 1, 2020, per a court order to continue on March 10, 2020, but in her motion to continue the case, Morris wrote she has not begun plea negotiations with prosecutor Raquel Ruiz-Velez.

The incident

San Juan County Sheriff’s deputies responded on Aug. 1, 2019, to a house south of the Chapter House in Nenahnezad, after the owner called 911, Federal Bureau of Investigations Agent Jordan Spaeth wrote in an affidavit for a criminal complaint.

The homeowner, identified by her initials of E.L., told deputies she was drinking with the victim, M.W., when Lodgepole threw M.W. to the ground and started kicking her in the head, he wrote.

When investigators spoke to E.L., she said Lodgepole arrived at the house earlier that night and was verbally abusive toward her and M.W. As the night went on, he threw M.W. to the ground and kicked her in the head.

Continue reading “Trial in Nenahnezad beating death postponed for third time”

Judge: Arizona man not allowed to take care of ailing parents during coronavirus pandemic

  • Maroquez Clah wants to be released from an Albuquerque halfway house to his parents’ home in Red Valley, Ariz., because of the coronavirus and his parents’ health
  • Federal magistrate Judge Paul Briones wrote Clah poses too much of a risk to the community because of one prior drunk driving conviction
  • Prosecutor Novaline Wilson opposed Clah’s request in what could be an improperly sealed opposition 

See the case write-up or read more stories about this case

ALBUQUERQUE, N.M. — Despite approval from pretrial services officers, the looming threat of the coronavirus pandemic and a father slipping into dementia, a federal magistrate judge on April 1 refused to let a Red Valley, Ariz. man return home to help his elderly parents, relying on what appears to be an improperly sealed filing by a U.S. Attorney’s Office prosecutor, and he is appealing the decision.

Mitten Rock, off of Navajo Route 13 (Indian Services Route 13), New Mexico. Photo by James St. John/Flickr

Maroquez Clah is charged with involuntary manslaughter for allegedly crashing his truck while drunk, which killed a passenger identified as D.C. (YOB: 1997), on Aug. 30, 2019, near Mitten Rock, New Mexico. A grand jury indicted him on Nov. 25, 2019 but he was not arrested until Feb. 14, 2020. According to the federal docket sheet, Clah was released to a halfway house in Albuquerque on Feb. 20, 2020, after he was arraigned by federal Magistrate Judge Paul Briones.

On April 1, Briones denied Clah’s request to move from a halfway house in Albuquerque to his parents’ home in Red Valley, filed March 23. Briones did not have a hearing and instead relied on the emergency motion filed by Clah’s attorney, Emily Carey, and the opposition filed under seal by prosecutor Novaline Wilson. However, Wilson’s filing under seal appears to be against court rules on sealing documents, which require a judge’s consent and are only supposed to be done for very good reasons.

According to the local rules and federal court rules, documents are only supposed to be filed under seal for good reason and a record of the motion to file a document under seal is supposed to appear on the court docket, as outlined by Jeff Proctor in New Mexico In Depth.

Carey filed an appeal of Briones’ order on April 6, but no further documents or hearings have been docketed in the case.

She wrote in the initial motion that Briones, during the arraignment, said if Clah “performed well” at the halfway house, he would consider “possible modification” the conditions of his release. The current conditions restrict his travel to Bernalillo county. The minutes contain no details of what was said.

Wilson opposed Clah’s release pending trial during the arraignment, while pretrial officers suggested release, according to the minutes.

Carey wrote that Clah’s father is on dialysis and his health has recently declined and his mother, Bessie Begay, contacted her to say that his father has “developed something akin to dementia.”

Before being arrested, Clah “took on all of the household tasks and helped his mother with his father’s health care.” He also took care of his 4-year-old daughter, who is now in Begay’s custody, she wrote.

Continue reading “Judge: Arizona man not allowed to take care of ailing parents during coronavirus pandemic”

Judge gives Sanostee man minimum sentence for brother’s death in DWI crash

  • Tavis Washburn will spend just under six years in prison for killing his brother and injuring his 2-year-old son in the crash
  • The plea deal allowed for a sentence of 6 to 10 years and without it, Washburn faced a minimum mandatory sentence of 10 years
  • He had a blood-alcohol level of 0.258 when he crashed, over three times the legal limit, while driving 79-85 mph
  • A judge sent Washburn back to jail, prior to sentencing, after he began drinking excessively at a halfway house

Read the full case write-up here

SANTA FE, N.M. — Tavis Washburn will spend just under six years in prison after a federal District Court judge sentenced him to the minimum allowed under a plea deal for killing his brother in drunk driving crash.

District Court Judge Martha Vazquez sentenced Washburn, 27, on March 13, 2020, to 71 months in prison, just under six years.

According to court documents, the crash killed Orlando Wadsworth, 37, of Sanostee, severely injured Washburn’s 2-year-old son and injured a third man, only identified as A.J., driving the truck Washburn hit, on Feb. 15, 2018. Wadsworth had to be extricated from the passenger seat of the red Kia Washburn was driving. Although he was flown to a hospital, he died from his injuries. Washburn had a blood-alcohol level of 0.258 after the crash.

Federal Bureau of Investigations Agent Kalon Fancher charged Washburn 10 months after the crash, on Oct. 24, 2018. On Nov. 13, 2018, federal Magistrate Judge Jerry Ritter ordered Washburn released on pretrial release at a halfway house in Albuquerque. Washburn was later arrested sometime after Dec. 2, 2019, after he was found, twice, to have been heavily drinking.

Federal prosecutor Allison Jaros did not request a specific sentence, other than within the range of six to 10 years allowed under the plea deal, while Washburn’s attorney, Alejandro Fernandez, asked for the minimum in a sentencing memorandum dated Oct. 21, 2019.

According to the sentencing minute sheet, Washburn addressed the court, as did the “Victim’s representative.” The entire hearing lasted one hour and two minutes. Neither the minutes nor the judgement state why Vazquez sentenced Washburn to the minimum allowed under the plea.

Continue reading “Judge gives Sanostee man minimum sentence for brother’s death in DWI crash”

Breadsprings man indicted for first-degree murder in beating death of girlfriend

  • A federal grand jury indicted Troy Livingston on a single charge of first-degree murder on Jan. 29, 2020
  • Investigators allege Livingston confessed to beating her to death
  • Livingston’s child, 2 1/2, was found in the room with the beaten woman and Livingston

See the case write-up here.

ALBUQUERQUE, N.M. — A federal grand jury indicted a Breadsprings man, Jan. 29, 2020, for the beating death of 19-year-old Tyler Lamebear, his girlfriend, on April 6, 2019.

Troy Livingston, a member of the Navajo Nation, was originally charged on April 6, 2019, for his Tyler Lamebear’s death. He waived his right to a preliminary hearing as well as a grand jury indictment within 30 days before he was indicted on Jan. 29. He waived the indictment in hopes of securing a more lucrative plea deal, according to a motion for a continuance.

No trial date has been set.

The incident

FBI Agent Monty Waldron wrote in a statement of probable cause for his arrest that his mother made the call to 911 that eventually sent police, and then medics, to help the woman, who identified Livingston as her assailant.

His mother, Gertrude Livingston, identified in charging documents as G.L., was at home when her son and Lamebear, identified in court documents as T.L. or “Jane Doe,” came home to her Rodeo Road home in Breadsprings, Waldron wrote.

Continue reading “Breadsprings man indicted for first-degree murder in beating death of girlfriend”

Shiprock man pleads guilty to second-degree murder for killing fellow Navajo Nation man

  • Plea deal mandates a 15-year sentence for Zachariah Joe
  • The magistrate judge deferred acceptance of the plea until the “final disposition hearing”
  • No sentencing hearing has been set

See the full case summary

ALBUQUERQUE, N.M. — A 28-year-old Shiprock man pleaded guilty to second-degree murder, Oct. 31, 2019, for the stabbing death of a 32-year-old Navajo Nation tribal member at the beginning of the year.

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

Zachariah Joe pleaded guilty in U.S. Magistrate Court in Albuquerque to a criminal information charging him with second-degree murder, according to court documents.

According to the plea deal, Joe admitted killed Brett Micah Morgan by stabbing him 10 times in the chest and neck on Jan. 3, 2019.

The plea deal, signed off on by federal prosecutor David Cowen, states Joe would only receive a 15-year sentence, although any time spent on supervised release after serving a prison sentence would be up to U.S. Magistrate Judge Karen Molzen.

According to the minutes from the plea hearing, Molzen deferred acceptance of the plea to the “final disposition hearing.”

The plea deal states Molzen can wait until she sees a presentence report to accept, or deny, the plea deal.

Continue reading “Shiprock man pleads guilty to second-degree murder for killing fellow Navajo Nation man”

Maroquez Clah: Darrell Chavez — 8-30-2019

Suspect: Maroquez Clah

Victim: Darrell Chavez, 22

Charges: Involuntary manslaughter

Date of incident: Aug. 30, 2019

Type of incident: DWI crash

Status: Plea without a deal; pending sentencing, maximum 8 years

Investigating Agency: FBI

Location: Mile Marker 2, Navajo Route 13 (Indian Services Route 13) Mitten Rock, NM

Federal district case number: 19-cr-4447

Search warrant case number: 19-mr-01054

Prosecutor: Novaline Wilson

Prosecuting agency: U.S. Attorney’s Office

Plea judge: Magistrate Judge John Robbenhaar

Sentencing judge: None set

 

See stories on the case

Summary

On Aug. 30, 2019, Maroquez Clah, of Red Valley, Arizona, allegedly killed Darrell Chavez, 22, an enrolled Navajo Nation man when he lost control of his truck and rolled it on Navajo Route 13/Indian Services Route 13 near Mitten Rock, New Mexico, within the boundaries of the Navajo Nation reservation, in San Juan county. Chavez is only identified in court records by the initials D.C. and the year of birth of 1997. Clah is also an enrolled Navajo Nation member.

A federal grand jury indicted him on Nov. 25, 2019 and he was arrested on February 14, 2020, before being released a week later to a halfway house. He has since been released to his family in Red Vallely, Ariz.

On Sept. 21, 2020, he pleaded guilty to involuntary manslaughter without a plea deal.

The case is pending.

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The incident

A search warrant filed for Clah’s truck on Sept. 4, 2019, by Federal Bureau of Investigations Agent Lancy Roundy, gives a few details on the crash.

Mitten Rock, off of Navajo Route 13 (Indian Services Route 13), New Mexico. Photo by James St. John/Flickr

Clah told federal investigators, while in the hospital, he had been drinking alcohol throughout the day prior to driving from Farmington to his home in Red Valley, Arizona, in a 2007 Ford F-150 truck.

“Clah recalled John Doe being a passenger of his vehicle at some point during the drive,” Roundy wrote. “Clah admitted to drinking vodka approximately six hours prior to driving his vehicle home and remembered losing control of the vehicle while driving approximately 70 miles per hour before the vehicle rolled several times.”

According to Clah’s hospital records from his treatment after the crash, his blood-alcohol content was 0.258, over three times the legal limit of 0.08.

It is not clear how the agents obtained the medical records. The only unsealed search warrant for the case, between the time of the crash and Sept. 4, 2019, is Roundy’s.

Clah suffered a broken leg and “other injuries,” Roundy wrote.

Roundy wrote he wanted to search the truck for physical evidence of alcohol consumption, including bottles, receipts and cans, as well as take pictures of the truck.

Pretrial release

Magistrate judge denies move request during coronavirus pandemic

On April 1, federal Magistrate Judge Paul Briones denied Clah’s request to move from a halfway house in Albuquerque to his parents’ home in Red Valley, filed March 23. Briones did not have a hearing and instead relied on the emergency motion filed by Clah’s attorney, Emily Carey, and the opposition filed under seal by prosecutor Novaline Wilson. However, Wilson’s filing under seal appears to be against court rules on sealing documents, which require a judge’s consent and are only supposed to be done for very good reasons.

Panoramic photo of Red Valley, Arizona, with no buildings in sight.
Red Valley, about a mile west of the New Mexico state line, 36.5850 -109.0712, Apache County, Arizona, 5/17/2014. Photo by Patrick Alexander/Flickr. CC BY-NC-SA

According to the local rules and federal court rules, documents are only supposed to be filed under seal for good reason and a record of the motion to file a document under seal is supposed to appear on the court docket, as outlined by Jeff Proctor in New Mexico In Depth.

Carey filed an appeal of Briones’ order on April 6, but no further documents or hearings have been docketed in the case.

She wrote in the initial motion that Briones, during the arraignment, said if Clah “performed well” at the halfway house, he would consider “possible modification” the conditions of his release. The current conditions restrict his travel to Bernalillo county. The minutes contain no details of what was said.

Wilson opposed Clah’s release pending trial during the arraignment, while pretrial officers suggested release, according to the minutes.

Carey wrote that Clah’s father is on dialysis and his health has recently declined and his mother, Bessie Begay, contacted her to say that his father has “developed something akin to dementia.”

Before being arrested, Clah “took on all of the household tasks and helped his mother with his father’s health care.” He also took care of his 4-year-old daughter, who is now in Begay’s custody, she wrote.

Clah’s doctors are also in Shiprock and Farmington, closer to Red Valley than to Albuquerque. If he were allowed to return to Red Valley, he could also continue his work at Yazzie Oil Field Service. Allowing him to move back in with his parents would remove him from a communal living situation and possible infection by the coronavirus, Carey wrote.

Federal pretrial services in Arizona conducted a home assessment and said it would take responsibility for Clah’s supervision, she wrote.

According to Carey’s reply to Wilson’s sealed opposition, Clah has one prior tribal conviction for drunk driving in 2018. He was sentenced to 90 days supervised probation, which he completed.

That prior DWI conviction appears to be the basis of Wilson’s opposition to Clah taking care of his elderly father, helping his mother and parenting his child. Wilson also argues, according to Carey, that the global pandemic is not a “changed circumstance.” However, because Wilson appears to have improperly sealed her opposition, it is not clear if she had any more arguments.

Carey wrote:

“At this point, concerns pertaining to COVID-19 and the risk of communal living are not merely speculative. Moreover, even if he was required to present evidence of changed circumstances, Mr. Clah submits that he has met his burden given his exemplary conduct while on pretrial release, the deterioration in his father’s physical and mental health, the inability to access medical providers including his surgeon for urgent follow up care, and concerns for his own health and the health of his family because of COVID-19.”

Briones denied Carey’s motion because his “pattern of prior conduct” and that Carey didn’t show that there are “sufficient safeguards” to protect the community from the risk of Clah drinking and driving, if he isn’t living at the halfway house.

In Carey’s April 6 appeal, she wrote that Clah’s father has repeatedly fallen, following his descent in what appears to be dementia, and has been admitted to the hospital on suspicion of internal bleeding. Begay cannot stay with her husband at the hospital because of the risk of the coronavirus.

Clah would not have access to a car while living with his parents. His mother has a vehicle, but it’s provided by her work, she wrote.

Carey wrote:

“Mr. Clah’s physical movements are restricted by his own physical injuries for which he requires ongoing treatment. Moreover, at present, the entire Navajo Nation has imposed a curfew from 8:00 p.m. to 5:00 a.m., which is enforced by law enforcement personnel issuing citations and roadblocks. However, should the Court be concerned with Mr. Clah’s movement, he would be willing to submit to electronic monitoring under home detention or any other condition the court deems appropriate.”

Clah’s pretrial officer is still supports his request to move back to Red Valley, she wrote.

Whenever Clah speaks to his daughter on the phone, “she often cries and begs for him,” Carey wrote. “He is extremely concerned about the effect this separation is having on her, and worried about the burden his absence is putting on his mother.”

Begay also wrote a letter to the court.

District judge releases Clah to Arizona

Federal District Court Judge Kea Riggs granted Maroquez Clah’s appeal on April 20, 2020, and ordered him released.

In her order releasing Clah, Riggs wrote his medical and physical condition weighed toward his release, especially because he needed surgery on his leg, which is infected and that the halfway house stated they could not take care of his medical needs after he is released from the hospital.

She also found that, contrary to Briones’ opinion, the Clah has no access to a vehicle, the only way he poses a danger to the community.

“Given that Defendant has a history of compliance with conditions of release or probation, and lacks access to a vehicle, the Court agrees with Pretrial Services’ recommendation and concludes that these conditions will reasonably assure the safety of the community,” Riggs wrote.

Plea

On Sept. 21, 2020, Clah pleaded guilty without a plea agreement to involuntary manslaughter. He faces a maximum sentence of eight years.

No sentencing date has been set.

 

See the case documents on Google Drive or Document Cloud

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