ALBUQUERQUE, N.M. — Raylan Reano will be free from the federal court system after he serves nine months in prison after he admitted to violating the provisions of his supervised release.
Reano admitted to violating the conditions of his supervised release, including that he failed to report at a halfway house as ordered and committed more crimes while he was on release, during the Dec. 4, 2020 hearing, according to the minutes.
After Reano serves those nine months, he will be released from the supervised release he was on after serving a two-year sentence for killing his girlfriend in a drunk-driving crash.
Reano killed his girlfriend, Nicky Chavez, 26, in a drunk driving crash on Oct. 23, 2016. Parker sentenced him to two years on March 21, 2019 followed by three years of supervised release, after he previously pleaded guilty to involuntary manslaughter, a sentence served at the same time as multiple tribal sentences.
It is unclear from court records why Reano will be released early from his sentence of three years supervised release.
During the Dec. 4, 2020 hearing, federal prosecutor Sarah Mease asked that Reano be placed on supervised release. The minutes do not document what his attorney, Aric Elsenheimer, asked of the judge.
On Aug. 25, 2020, Parker ordered Reano remanded to prison for five months after he admitted to violating the conditions of his release by failing to follow the instructions of his probation officer, failing to reside at a halfway-house after his release and taking drugs, according to a judgement signed by Parker.
After he was released a second time, his probation officer again asked his supervised release be revoked in September after he failed, again, to report to a halfway house. Reano was subsequently arrested on Oct. 28, 2020 and held without bail pending the Dec. 4, 2020 hearing.
The case
According court documents and an autopsy report, on Oct. 23, 2016, Reano, with a blood-alcohol content of 0.365, drove off State Road 53, overcorrected and flipped, ejecting Chavez, killing her.
According to a response to a sentencing memorandum by Mease, witnesses said Reano was driving recklessly and at a “high rate of speed” when he lost control of his car and it rolled. He had a blood-alcohol content level, or BAC, of 0.365, over four times the legal limit of 0.08, and in the area of possible alcohol poisoning, which Mease described as “shockingly high.”
There was no agreement in the plea as to sentence, but prosecutors agreed that the judge should reduce Reano sentence by six months because of his six-month sentence in tribal court for killing Chavez, according to the plea.
On March 21, 2019, District Judge James Parker sentenced Reano to two years, the minimum suggested for a level I criminal history after six months was subtracted for time served in tribal jail, and allowed him to serve the sentence at the same time as his convictions in tribal court. That was to be followed by supervised probation for three years, according to the court docket.
ZUNI, N.M. — Jodie Martinez received a two-year sentence, followed by supervised release for three years, for killing her 9-year-old son and severely injuring a woman in a drug-related head-on crash in 2019.
Federal District Judge Kea Riggs accepted the binding plea deal, proffered by prosecutor Raquel Ruiz-Velez, that set Martinez’s sentence at 18 months to two years, for aggravated assault resulting in serious bodily injury, and dropped a charge of involuntary manslaughter for killing her son.
Jodie Martinez/Santa Fe County Detention Center
Riggs sentenced Martinez, 33, of Zuni, during a virtual hearing, Nov. 20, 2020, and said there will be a “zero-tolerance policy for substance abuse” during her three years of supervised release following her release from person, according to a minutes sheet.
Although Martinez will get credit for the 304 days she spent in jail since she was charged in federal court, she will not receive credit for the 91 days she spent in a tribal jail, Riggs ordered.
Ruiz-Velez had been asking for two years, the maximum allowed in a plea deal she offered. Martinez’s defense attorney, Mallory Gagan, is asking for the minimum sentence under the deal, 18 months, even though prosecutors wrote Martinez smuggled methamphetamine into a jail following a furlough to attend her son’s funeral and use of methamphetamine while on furlough from jail. Martinez also has a pending case of vehicle embezzlement in state court in Santa Fe.
Acceptance of the plea, and dropping the charge of involuntary manslaughter, was a decision left up to Riggs, who accepted it.
Sentencing memos
In her sentencing memorandum, Ruiz-Velez wrote there were evidentiary issues with the case. While prosecutors allege Martinez was high on methamphetamine when she crashed, and she tested positive for the drug after she crashed, she never admitted to getting high the day of the crash, four days before. She wrote:
“The drug test revealed that Defendant had methamphetamine in her system. Id. According to investigative reports, ‘the swabs used to drug test [Defendant] were sent to the Las Cruces Forensic Laboratory weeks later in an effort to determine the amount of methamphetamine [Defendant] had in her system.’ DBN 749. The swab samples were analyzed, but there were no ‘indications of any drug on them.’ DBN 751. However, the fact that drugs could not be identified ‘does not mean that no drugs were present,’ it is just that the forensic scientist could not ‘detect them.’ DBN 750. Although the evidence shows that Defendant was under the influence of methamphetamine, the level of methamphetamine in Defendant’s system could not be detected.”
Martinez brought methamphetamine back into the Zuni tribal jail after she was released to attend her son’s funeral. She tested positive for methamphetamine prior to being released and three days later when she returned, Ruiz-Velez wrote.
Ruiz-Velez wrote a two-year sentence is appropriate because it would fall within the normal sentencing guidelines for the charge she pleaded guilty to: assault resulting in serious bodily injury, even though if she had pleaded to involuntary manslaughter or both charges, her sentence guideline would be higher.
Martinez’s attorney, Gagan, is asking for the minimum sentence, 18 months, and that Martinez not be required to go into in-patient drug rehabilitation.
Martinez started work at the Ohkay Owingeh Housing Authority in 2007 and stayed for 10 years and even gave a TED talk about the restoration of the pueblo buildings. In 2017, she lost her job due to “tribal politics, — certain powerful individuals in the community did not want her, not an enrolled tribal member, to have the position,” Gagan wrote.
After she lost her job, her marriage “crumbled” and she left her children with her husband and moved in with her cousin and started using cocaine, and then methamphetamine.
“She just never quite got back on her feet,” Gagan wrote.
Sentencing guidelines
If Martinez had pleaded to the charge of involuntary manslaughter, been found guilty of it, or pleaded to both involuntary manslaughter and the assault charge, her sentencing guidelines would have put her sentence at a lot longer than just two years.
The sentencing guidelines put involuntary manslaughter at a “base level” of 22. A plea deal reduces that by three points, bringing what would have been her level down to 19.
Involuntary manslaughter involving a the reckless operation of a means of transportation carries a higher base level than other forms of involuntary manslaughter.
With a sentence range of 19, the guidelines put her sentence at 2 1/2 to 3 years, assuming little or no criminal history.
Martinez has a pending case in Santa Fe District Court on a charge of embezzlement of a motor vehicle.
According to the plea deal and an affidavit for a search warrant, Martinez crashed head-on into car driving the opposite direction on July 6, 2019, on State Highway 53, outside of Zuni. A unidentified woman in the other vehicle, a truck, suffered severe injuries and medics flew her to Albuquerque for treatment. When Zuni Police Department officers arrived at the crash, Molina was dead and either lying next to her Ford Explorer or being held by her.
The unidentified woman suffered a fractured vertebrae, multiple rib fractures and other “bone fractures and injuries,” according to the plea.
Martinez told the officers who responded to the crash that she fell asleep at the wheel. In a subsequent interrogation, she told agents that her cell phone fell, she reached down to pick it up and that’s when she crashed. In an interview with Agent David Loos, both Martinez and her boyfriend allegedly admitted to using methamphetamine at least four days before the accident.
MILAN, N.M. —Trudy Martinez sentencing hearing, set for Nov. 30, 2020, has been postponed indefinitely because the Cibola County Correctional Center is no longer transporting inmates to courthouses for in-person hearings.
Trudy Martinez
In an order issued Nov. 24, 2020, federal District Judge William Johnson wrote that suspension in transports is a result of the COVID-19 pandemic.
“The Court therefore vacates the 11/30/2020 Sentencing hearing pending further notice,” Johnson wrote in the docket.
Martinez, who had been held at the Santa Fe County Detention Center, previously requested her case be continued so that she could have an in-person pre-trial interview, conducted by the probation department to determine what her sentencing guideline should be. It appears she was transferred from Santa Fe on Sept. 18, 2020, according to a jail booking sheet.
Martinez 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. Magistrate Judge Paul Briones accepted her plea and deferred final acceptance to the sentencing judge. Federal prosecutor Thomas Aliberti signed the plea deal and filed the criminal information charging her with voluntary manslaughter and the firearm enhancement.
Although Martinez was charged with an open count of murder for shooting her sister-in-law, Cornelia McCabe, 36, Aliberti filed the criminal information charging her with voluntary manslaughter. The case was never presented to a grand jury for an indictment.
Her sentence range is 10 to 15 years. Ten years is the minimum for the firearm enhancement and 15 is the maximum for voluntary manslaughter.
The motion to delay Martinez’s sentencing because she wanted to be interviewed in person by probation officers appears to have been filed under seal, although the prosecution opposition to it was not, nor was the judge’s order referencing it.
Padilla did not return a request for comment and information on his presumably sealed motion.
Documents 38 and 39 appear to be sealed, as do documents 42 and 43 and seven documents, starting with 45 and ending with 52. Johnson’s order, continuing the sentencing because of COVID-19, is document 53 and the only public document before that was 44, resetting the sentencing hearing from 9:30 a.m. to 1:30 p.m. on Nov. 30, 2020.
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.
Investigators talked to McCabe’s daughter who told them she came home from school and saw Martinez outside the house, cleaning up the yard, before she went into the house, FBI Agent Jeffrey Wright wrote in an affidavit for an arrest warrant.
Martinez first pushed her mother inside the house before going back to her truck to retrieve an AR-15 carbine, which she then loaded in the house. 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.”
• Jodie Martinez will receive 18 months to 2 years for killing her son and severely injuring a woman in a likely DWI crash • The plea, offered by prosecutor Raquel Ruiz-Velez, still has to be accepted by a district judge at sentencing • Martinez only pleaded guilty to injuring the woman and not to killing her son
ZUNI, N.M. — A Zuni woman who crashed into a truck, killing her 9-year-old son and severely injuring a woman, will get just 18 months to two years in prison following an agreement with federal prosecutors to limit her sentence.
Jodie Martinez, 33, was indicted for involuntary manslaughter under the theory she was high on a drug, ostensibly methamphetamine, when she crashed into a truck headed in the opposite direction on July 6, 2019. She was also indicted on a charge of assault resulting in serious bodily injury. Her son, Christian Molina, 9, died in the crash.
Jodie Martinez/Santa Fe County Detention Center
On Aug. 3, 2020, Martinez pleaded guilty to a single charge of assault resulting in serious bodily injury. Federal Magistrate Judge Laura Fashing accepted the plea but deferred final acceptance until sentencing in front of a district court judge.
Martinez tested positive for methamphetamine two successive days after the crash, although she did not admit in the plea to using methamphetamine directly before.
According to the plea Ruiz-Velez offered, a sentence of 18 months to 2 years is the “appropriate disposition.” It takes into account Martinez’s “acceptance of responsibility” and states her sentence should not be further decreased.
FBI Agent David Loos arrested her on a warrant on Jan. 17, 2020. Federal Magistrate Judge Jerry Ritter ordered Martinez held without bail after a first appearance on Jan. 21, 2020 and she waived a detention hearing on Jan. 29, 2020.
She has been held without bail since her Jan. 17, 2020 arrest.
According to the plea deal and an affidavit for a search warrant, Martinez crashed head-on into car driving the opposite direction on July 6, 2019, on State Highway 53, outside of Zuni. A unidentified woman in the other vehicle, a truck, suffered severe injuries and medics flew her to Albuquerque for treatment. When Zuni Police Department officers arrived at the crash, Molina was dead and either lying next to her Ford Explorer or being held by her.
The unidentified woman suffered a fractured vertebrae, multiple rib fractures and other “bone fractures and injuries,” according to the plea.
Martinez told the officers who responded to the crash that she fell asleep at the wheel. In a subsequent interrogation, she told agents that her cell phone fell, she reached down to pick it up and that’s when she crashed. In an interview with Agent David Loos, both Martinez and her boyfriend allegedly admitted to using methamphetamine at least four days before the accident.
Accepting responsibility
Although Martinez ostensibly took responsibility by taking a plea and admitting to causing her son’s death, she is only pleading guilty to injuring the unidentified woman in the opposing vehicle and the admission of facts does not say why the crash happened, or what caused it. Martinez wrote that she “merged” into the lane for oncoming traffic, crashing into a truck traveling in the opposite direction and as a consequence, Molina died.
The admission of facts outlines most of the narrative in the affidavit for a search warrant including:
Martinez told the police officers who first responded that she fell asleep at the wheel
Police found methamphetamine in her vehicle
She told federal agents, after she was discharged from the hospital, that she used methamphetamine four days prior to the crash
She told those agents she was talking to her mother on the phone before the crash, dropped it when she hung up, went to pick it up and when she looked up, she was in the opposing lane
She tested positive for methamphetamine on July 7 and July 8, 2019, two and three days after the crash, respectively
Martinez does not write what actually happened, or what actually caused the crash, in the plea deal. Nor did she say what happened in her response to the civil lawsuit filed to make sure she received none of the insurance money from Molina’s death, calling what happened an “error in judgement.”
Insurance settlement
The father of Martinez’s son, Samuel Molina, filed a lawsuit against Martinez over the insurance payout from their son’s death, on Aug. 12, 2020.
Samuel Molina, appointed the personal representative for his son’s estate, received a $50,000 settlement from an unspecified insurance policy, according to the complaint. The lawsuit filed in August was to declare that Martinez was not entitled to any of that money.
Martinez “abandoned” Christian Molina under New Mexico law and because she caused his death, she was not entitled to any of the insurance proceeds under the Unlawful Acts Doctrine, Grayson wrote.
“I am opposed to signing a document implying that I abandoned our son,” Martinez wrote. “There are statements made in the Declaratory Judgement that are inaccurate and quite frankly false. At the time Samuel and I shared custody through a mutual agreement due to our separation. I was not an absent parent.”
It is not clear what “inaccurate” or “quite frankly false” statements Martinez objected to. The complaint for declaratory judgement makes no mention of custody arrangements.
“Unfortunately, and with my deepest regret, I had an error in judgement which I will have to live with for the rest of my life,” Martinez wrote. “No amount of financial gain will every satisfy the tremendous loss we have experienced.
Martinez wrote she refused to “sign any document implicating the termination of parental rights, the abandonment of my son Christian Molina, or any other demeaning allegations.”
On Sept. 22, 2020, Grayson filed a notice of dismissal with prejudice because “all matters in controversy have been compromised and resolved,” even though Martinez “strongly denies the claims and allegations made in the Complaint for Declaratory Judgement.”
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• Raylan Reano is back in jail after he allegedly refused to report to a halfway house and was arrested by Zuni tribal police • He received a two-year sentence for killing his girlfriend in a drunk-driving crash
ALBUQUERQUE, N.M. — Five months after being sent to jail as a sanction for violating his supervised release and a month after being released, Raylan Reano is back in jail after he allegedly failed to report to a halfway house and was arrested by Zuni tribal police.
Reano, 27, of Zuni, was arrested on Oct. 28, 2020. The next day, federal Magistrate Judge Paul Briones ordered Reano held without bail during the release revocation. During the hearing, Reano waived his right to both a preliminary hearing and a detention hearing. Briones found that Reano is a danger to the community and there was a serious risk he would not appear for his next hearing.
Raylan Reano
Although court documents do not explicitly state when he was released after serving five months in jail, federal probation officer Christopher Fielder filed a petition to revoke Reano’s release on Sept. 11, 2020, after he confirmed, the previous day, that Reano did not go to the halfway house he had been ordered to for the first six months of his supervised release. He listed the sentence revocation range as three to nine months.
On Oct. 5, Fielder filed an amended petition to revoke Reano’s supervised release. Zuni tribal police arrested Reano on Sept. 30 for resisting arrest, intoxication, criminal mischief and drug abuse. He pleaded guilty on Oct 1, 2020, Fielder wrote.
On Oct. 28, Reano was arrested, according to the docket, although it is not clear if he was already in tribal custody.
Reano, 27, killed his girlfriend, Nicky Chavez, 26, in a drunk driving crash on Oct. 23, 2016. Federal District Judge James Parker sentenced him to two years, followed by three years of supervised release, after previously pleaded guilty to involuntary manslaughter, a sentence served at the same time as multiple tribal sentences.
Case timeline
According to federal court documents, Reano has repeatedly refused to comply with court instructions and ignored orders to spend the first six months of his release in a halfway house. To read more about the crash, the plea, or the arguments over sentencing, read the case write-up.
Oct. 23, 2016: Reano crashes his car while drunk near Ramah, killing girlfriend Nicky Chavez, 26.
March 23, 2018: Reano pleads guilty to involuntary manslaughter and prosecutors agree any sentence should be reduced by six months because of a parallel tribal court conviction.
March 21, 2019: A year after Reano pleaded guilty, District Judge James Parker sentences him to two years in prison, the minimum suggested sentence for his criminal history, followed by three years supervised release.
Jan. 3, 2020: Reano is released from federal prison.
March 16, 2020: Parker grants Probation Officer Christopher Fielder’s request that Reano be ordered into a halfway house for six months after he “admitted to using methamphetamine and Buprenorphine (Suboxone) on January 3, 2020, while still in the custody of the Bureau of Prisons, the same day he commenced his term of supervised release.”
March 25, 2020: Fielder files a petition for the revocation of Reano’s supervised release, citing the drug use and that Reano went to live at home in Zuni instead of at the halfway house. The federal Bureau of Prisons previously listed him as absconding on March 24.
Sept. 11, 2020: Fielder files a second petition to revoke Reano’s supervised release after, on the previous day, he confirmed that Reano did not go to the halfway house as he had been required to.
Oct. 5, 2020: Fielder files an amended second petition and alleges that, on Sept. 30, Zuni tribal police arrested Reano for resisting arrest, intoxication, criminal mischief and drug abuse. He pleaded guilty on Oct 1, 2020, Fielder wrote.
Oct. 28, 2020: Reano is arrested and the following day, Briones orders him held without bail. He also waives his rights to a preliminary and detention hearings.
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.
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. 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.
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.
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.”
Either Padilla or Irma Rivas, the other attorney representing Martinez, 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.
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.”
• Raylan Reano waived an evidentiary hearing • District Judge James Parker ordered him back to prison for five months • Reano killed girlfriend Nicky Chavez in a drunk driving crash in 2016
ALBUQUERQUE, N.M. —Raylan Reano will spend the next five months in prison after a judge ordered him back, Aug. 25, 2020, after he was initially released on supervised probation after serving a two-year sentence for killing his girlfriend in a drunk driving crash.
Reano pleaded guilty on March 13, 2018, to a single count of involuntary manslaughter and a year later, Parkersentenced Reano to two years in federal prison, to be served at the same time as three tribal sentences, followed by supervised release for three years. One of those tribal sentences was for escaping from jail.
Reano’s probation officer, Christopher Fiedler, reported problems with Reano as soon as he was initially released, on Jan. 3, 2020, and that Reano admitted to using drugs before even leaving prison, according to court documents.
In the second amended petition filed May 18, 2020, Fiedler wrote Reano tested positive for cocaine on March 20, 2020 and admitted to using cocaine in a subsequent interview. A drug testing sweat patch, applied on April 17, showed positive results for THC, the chemical in marijuana.
According court documents and an autopsy report, on Oct. 23, 2016, Reano, with a blood-alcohol content of 0.365, drove off State Road 53, overcorrected and flipped, ejecting Chavez, killing her.
• 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
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.
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.
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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In the original petition filed March 25, 2020, Fielder alleged Reano admitted to using methamphetamine and Suboxone and he tested positive for drugs on Jan. 3, 4 and 7, 2020. He used that as a basis to request Reano have a special condition added to his sentence that he be required to live at a “residential reentry center” for up to six months. On March 16, 2020, District Judge James Parker, who initially sentenced him, added the special condition to Reano’s sentence.
In the second amended petition, Fiedler wrote Reano tested positive for cocaine on March 20, 2020 and admitted to using cocaine in a subsequent interview. A drug testing sweat patch, applied on April 17, showed positive results for THC, the chemical in marijuana.
Reano pleaded guilty on March 13, 2018, to a single count of involuntary manslaughter and a year later, Parkersentenced Reano to two years in federal prison, to be served at the same time as three tribal sentences, followed by supervised release for three years. One of those tribal sentences was for escaping from jail.
According court documents and an autopsy report, on Oct. 23, 2016, Reano, with a blood-alcohol content of 0.365, drove off State Road 53, overcorrected and flipped, ejecting Chavez, killing her.
• Raylan Reano killed girlfriend Nicky Chavez in a 2016 crash outside Ramah • Judge James Parker gave Reano a 2-year sentence for killing Chavez, a mother of two • Reano allegedly violated his probation, after release, by absconding
ALBUQUERQUE, N.M. — Probation officers have requested a warrant for a Raylan Reano, 27, of Zuni, after he allegedly repeatedly violated the conditions of his supervised release and absconded after serving a federal prison sentence for killing his 26-year-old girlfriend Nicky Chavez in 2016.
Raylan Reano
After an initial hearing on May 18, 2020, where Magistrate Judge Laura Fashing took no action was taken, a following hearing on his alleged probation violation was tentatively set for May 22, but court records show there has been no more movement in the case.
Raylan Reano could spend up to another nine months in prison if his release is revoked, according to federal court documents. Reano pleaded guilty on March 13, 2018, to a single count of involuntary manslaughter and a year later, federal District Judge James Parkersentenced Reano to two years in federal prison, to be served at the same time as three tribal sentences, followed by supervised release for three years. One of those tribal sentences was for escaping from jail.
According court documents and an autopsy report, on Oct. 23, 2016, Reano, with a blood-alcohol content of 0.365, drove off State Road 53, overcorrected and flipped, ejecting Chavez, killing her.
Federal probation officer Christopher Fiedler alleged Reano admitted to using methamphetamine and Suboxone and he tested positive for drugs on Jan. 3, 4 and 7, 2020, he wrote in a petition for a revocation of his supervised release filed March 25, 2020. He used that as a basis to request Reano have a special condition added to his sentence that he be required to live at a “residential reentry center” for up to six months. On March 16, 2020, Parker added the special condition to Reano’s sentence.
“This was in response to the defendant failing to comply with his substance abuse treatment plan,” he wrote.
Neither the request nor the condition appear on the public docket and appear to have been sealed. There is no documentation requesting they be sealed or indication how, or why, the sealing circumvented the normal rules for court filings.
Fiedler’s March 25, 2020 petition alleged that Reano didn’t call to schedule his assessment appointment for the reentry program on March 23, as ordered. He wrote:
“On March 24, 2020, this officer received notification from staff at Diersen Charities Residential Reentry Center that the defendant left their facility without permission and was considered an absconder. Later that same day, the defendant contacted this officer by phone and confirmed that he decided to leave the residential reentry center and returned back to his mother’s residence in Zuni, New Mexico.”
Fiedler wrote that the revocation range is three to nine months.
Aerial panorama, Dowa Yalanne near Black Rock (left) and Zuni (right), NM, on September 9, 2019. Photo by Lance Cheung/USDA/Flickr
Instead of a warrant, Reano was issued a summons to appear on a revocation hearing which, after being pushed off, was set for May 18, 2020.
During that hearing in front of Fashing, Mease requested Reano be arrested, Elsenheimer requested he remain free and probation said that a second amended petition was filed and a warrant was requested, according to the minutes.
The hearing was tentatively moved to May 22, 2020 but no further filings appear in the court record after May 18, 2020. The minutes do not state if Reano was ordered detained or allowed to remain free.
He also attacked a fellow inmate while in the Zuni jail and on Nov. 12, 2016, a week after killing Chavez, he was found drunk and sleeping in a vehicle, Mease wrote.
Reano and Chavez were both enrolled Zuni tribal members.
Alvin Adakai was found dead in his motel room on May 17, 2020.
Larrison Hunch’s girlfriend, Kerry Norton, told police that Hunch beat Adakai after he fell off of the bed during the night and after they had been drinking. Hunch was arrested on May 20 and denied hurting Adakai, according to court records.
On June 2, 2020, he was bound over to district court on charges of second-degree murder, robbery and tampering with evidence after waiving his right to a preliminary hearing or grand jury presentment on the condition that prosecutors dismiss, with prejudice, a charge of first-degree murder.
District Judge Louis De Pauli Jr. ordered Hunch held without bail on June 4, 2020, after his attorney, Todd Farkas, agreed and said he had nowhere to place him, according to court records.
No court dates have been set since October 2020 and prosecutors and his defense attorney are trying to work out a plea deal.
Det. Andrew Thayer wrote in an affidavit for an arrest warrant for Hunch that he was called out to the Lariat Lodge in Gallup where Alvin Adakai, 62, of Manuelito, had been found dead, on May 17, 2020.
Larrison Hunch
At 10:28 a.m., when the manager Hitendrakumar Patel went to check the room, Adakai was lying on the floor in between the two beds. After grabbing his arm and receiving no response, he called police, Thayer wrote.
Officer Jared Albert called medics who declared Adakai dead at the scene, he wrote.
Thayer wrote that Adakai had several wounds including scabs, bruises and blood on his farms, face, legs, chest and side and dried blood on his hands and face.
“There was a dark discoloration of his skin from his chest cavity going up towards his neck and a discoloration of his skin the side of his body,” Thayer wrote. “Several dark spots were viewed on his neck.”
Yazzie told Thayer that Adakai’s death was suspicious but the pathologist who conducted the autopsy would contact him with more information, he wrote.
Thayer spoke to Hunch, who said he met Adakai with Kerry Norton and Adakai offered to rent a room so they could drink together and at some point during the night, Hunch tried to make ramen noodles for him, but he refused, and only drank during the night. Norton, 56, was Hunch’s girlfriend.
Hunch allegedly told Thayer that when the three went to sleep, Adakai took the bed nearest the door and during the night, rolled off the bed and Hunch put him back on the bed and when it happened a second time, Adakai told him he was more comfortable on the floor, Thayer wrote.
At 7 a.m., when they woke up, they went to get food and Adakai was still alive and appeared fine, he wrote.
After being told about the suspicious nature of the death, Thayer went back to talk to Hunch again.
“Larrison started off by apologizing to Affiant stating ‘I’m sorry’ and ‘I didn’t mean to,'” Thayer wrote. “When asked about why he was apologizing, Larrison said he didn’t mean to give Adakai alcohol.”
Hunch appeared to be under the influence of alcohol so Thayer stopped questioning him. Thayer went to the dumpster at the motel and found a torn-up shirt in the trash. Hunch said it was his and that “sometimes I get rowdy,” Thayer wrote.
That same day, pathologist Satish Chundru told Thayer Adakai’s death was a homicide and his neck bones were fractured. Thayer went back and retrieved the bloody shirt, along with Det. Tasheena Wilson, and then spoke to Hunch again, who apologized again, for giving Adakai alcohol. Thayer had Hunch blow into a portable alcohol breath test machine, which showed a level of 0.14.
Thayer reviewed the surveillance footage and found four women, renting a nearby room, went to Adakai’s room the night he was last seen alive. All four were drunk and not interviewed, although Vernita Jackson told Thayer she thought he was sleeping and she just kicked his foot. The other three women were Alita Baker, Virginia Boyd and Rose Cadman, Thayer wrote.
“Because yesterday when we were in the room Larrison was almost like confessing to what happened in there that room,” she said, according to Thayer. “It’s all on the phone. Yeah. I recorded him yeah.”
On May 20, 2020, Gonzales interviewed Boyd who said she was in her motel room on May 19 when Kerry and Hunch came over to visit and that she recorded Hunch talking about beating Adakai.
Det. Philamina Chischilly listened to the recording and said Hunch admitted to “manhandling” Adakai but Hunch blamed Boyd and Jackson for manhandling him because they helped him get alcohol.
Kerry Norton interview
Thayer wrote he “interviewed” Norton on May 20 and she appeared sober. After reading her Miranda rights to her, she agreed to speak to him and Gonzales. Although she was read her Miranda rights, it is not clear if she was in custody.
He wrote that she said that they were together on May 16 and had been staying in room 19 and checked out at 10 a.m. She got into an argument with Hunch and Patel told Hunch to leave. Hunch went to go panhandle and Kerry saw Adakai, staying in room 15, and he invited her in, and then Hunch when he came back.
“Larrison, Adakai and Kerry were consuming vodka and malted beer,” Thayer wrote. “According to Kerry, Adakai gave Larrison his Visa debit card to purchase more alcohol.”
Hunch went to Albertson’s and bought three bottles of whiskey, which they all started drinking at 3 p.m.
“Kerry insisted no one came to room 15 until approximately 0700 hours on May 17, 2020,” Thayer wrote. “Kerry fell asleep while drinking Black Velvet. However, during the middle of the night, Kerry said she heard a loud noise.”
She saw Adakai was on the floor and Hunch picked him up and put him back on the bed. When this happened a second time, Hunch became “very angry.”
Thayer wrote:
“Larrison began punching Adakai. Initially, Kerry minimized the violence and said Larrison hit Adakai about three times. As the interview progressed, Kerry admitted that she was very afraid of Larrison. Indeed, Kerry had a history of being a victim of multiple domestic violence crimes, including violence so severe that she was medivaced from Gallup to Flagstaff because of the severity of the injuries inflicted upon her by Larrison. On November 24, 2019, October 13, 2019, July 24, 2019, April 1, 2019, February 16, 2019, January 6, 2019, November 18, 2018 and August 17, 2018, the Gallup police department caused the Eleventh Judicial District Attorney’s office to file a variety of felony and domestic violence charges against Larrison Hunch. Kerry Norton refused to cooperate with law enforcement concerning these charges. Kerry Norton described many of the facts concerning these felony and domestic violence crimes and then, after being shown photographs taken by Affiant of Alvin Adakai’s deceased body, admitted that Larrison hit Alvin Adakai at least seven times over the course of ten minutes.”
Gonzales and Thayer then “confronted” Norton with the recording of Hunch saying he “manhandled” Adakai. Norton responded that Hunch began hitting Adakai after he fell off the bed the second time and that she did nothing to stop him because she is scared of him. She said Hunch took money from Adakai’s pants pocket after beating him and before they left and buried his debit card, Thayer wrote.
Larrison Hunch interrogation
On May 20, Thayer and Gonzales interrogated Hunch after he signed a Miranda rights waiver, Thayer wrote.
Hunch said Adakai appeared to be suffering from the coronavirus, he appeared weak and he probably died from it, Thayer wrote. Adakai did not look like anything happened to him when they left his motel room in the morning. He denied saying he “manhandled” Adakai.
Thayer and Gonzales left to retrieve the recording and when they came back, Hunch said he wanted a lawyer.
Detectives charged Hunch with an open count of murder, robbery and tampering with evidence.
Held without bail
Prosecutors filed a motion to hold Hunch without bail after he was arrested. District Judge Louis De Pauli Jr. ordered Hunch held without bail on June 4, 2020, after his attorney, Todd Farkas, agreed and said he had nowhere to place him, according to court records.
Bound over
On June 2, 2020, Hunch was bound over to district court on charges of second-degree murder, robbery and tampering with evidence.
Hunch waived his right to a preliminary hearing or the presentation of the case to a grand jury on the condition that prosecutors dismiss, with prejudice, the charge of first-degree murder.
Since then, there has been one motion to continue a trial setting that had been set for Oct. 2, 2020.
In the audio logs from a hearing on the motion to continue, on Oct. 5, 2020, Farkas said he has multiple homicide cases going to trial. Prosecutor John Bernitz said they will be able to work out a plea deal and will notify the judge when its ready.
According to his obituary, Alvin Adakai was the father to twin girls and he fluently spoke Navajo.
Born the son of Fred and Lenita Adakai of Manuelito, he was the 11th of 13 children. He was raised in Manuelito and attended the Indian boarding school in Theoreau until he went to Gallup High School, where he ran track and field and played football, according to his obituary.
He went to the Haskell Indian Nations University, where he obtained an associate’s degree in liberal arts in 1986.
“He returned to Manuelito and worked as a Chapter Manager from 1988 to 1994,” according to his obituary. “He believed in obtaining an education and instilled this importance in his girls. Alvin is survived by his twin daughters Elvina Lynn Adakai and Delvina Dee Adakai both of Albuquerque, NM and three grandchildren.”
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.
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.
Update: Jodie Martinez’s son has been identified as Christian Molina, 9.
ALBUQUERQUE, N.M. — A federal grand jury indicted a 33-year-old woman who allegedly killed her son after crashing her car while under the influence of methamphetamine.
Dowa Yalanne is seen beyond the Veterans Memorial at Zuni, NM, on September 9, 2019. Photo by Lance Cheung/USDA/Flickr
According to court records, Martinez allegedly crashed head-on into car driving the opposite direction on July 6, 2019, on State Highway 53, outside of Zuni, within the boundaries of the pueblo. A woman in the other vehicle, a truck, suffered severe injuries and medics flew her to Albuquerque for treatment. Martinez’s son died following the crash but his age is not listed in court documents and in the indictment, he is referred to as John Doe.
The indictment alleges Martinez was under the influence of drugs when she crashed and a federal search warrant alleges she a urine test she took, following the crash, was positive for methamphetamine.
She first appeared in federal court in Albuquerque on Jan. 21, 2020, where she was ordered held without bail pending a detention hearing by federal Magistrate Judge Jerry Ritter. Federal public defender Mallory Gagan was appointed to the case and Ritter arraigned her on Jan. 22, 2020. Martinez pleaded not guilty. She does not appear to have ever been charged in federal magistrate court.
On Jan. 29, 2020, Martinez waived her right to a detention hearing and Ritter ordered her held without bail.
When Zuni Police Department officers arrived, they found the victim, a child, not breathing and unresponsive, either lying next to the Explorer or being held by Martinez. Rock also describes the Explorer, an SUV, as a truck. The child, Martinez’s son, is neither named nor given an age in court documents.
“The child was later pronounced dead at the scene,” Rock wrote.
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.
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.
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.