BERNALILLO, N.M. — A 35-year-old Cuba man received a four-year sentence, June 17, 2019, for beating to death his roommate with a baseball bat in 2017.
Kimsey Barboan
Kimsey Barboan pleaded guilty in Bernalillo District Court to charges of voluntary manslaughter, unlawful taking of a vehicle and DWI third offense.
According to court documents, Barboan beat Anthony Martinez, 61, of Cuba on Dec. 16, 2017, and left him for dead in their home, where he was discovered two days later by a friend who was looking for work.
Because of the time he already spent in custody (1.5 years), he only has to serve just over two years in prison.
According to the plea, Barboan’s killing of Martinez was done as “a result of sufficient provocation.” Court documents do not state what Martinez did to sufficiently provoke Barboan.
McDonald previously, on May 2, accepted a no contest plea from Goodridge that capped his maximum sentence at eight years and set a minimum of four years. That plea mandated that the rest of his sentence be suspended, in this case seven years, and he be placed on supervised probation for five years after he is released from prison. The judgement and sentence also states that he will be placed on parole for two years.
Second-degree murder carries a maximum sentence of 15 years.
Second-degree murder is a serious violent offense which means he must serve 85 percent of his sentence before he can be released, compared to the 50 percent required for crimes that are not considered to be serious violent offenses.
Charges:Second-degree murder, unlawful taking of a vehicle, tampering with evidence, DWI, driving on a license revoked for DWI and open container of alcohol in a vehicle
Status: Pleaded down to voluntary manslaughter, unlawful taking of a vehicle and DWI third offense
Sentence: 4 years followed by 3.5 years supervised release, per plea agreement; credit for 1.5 years time served
On Dec. 16, 2017, Kimsey Barboan, 33, beat his roommate, Anthony Martinez, 61, to death with a baseball bat at their Cuba home. He then drove to a gas station in Cuba where he was reported as lying in a truck with a head wound. He was sent to the hospital, and then arrested, for drunk driving and felon in possession of a firearm. Officers found a bloody bat in the truck.
On Dec. 18, 2017, two of Martinez’s friends went to his house on County Road 13 and found he was lying, dead, inside the house. The next day, State Police agents charged Barboan with an open count of murder.
On Feb. 1, 2018, a Sandoval County grand jury indicted Barboan on a series of charges, including second-degree murder.
On June 17, 2019, Barboan pleaded guilty to voluntary manslaughter, unlawful taking of a vehicle and DWI third offense. As part of his plea deal, his sentence was set at 4 years followed by 3.5 years of supervised probation.
On Dec. 16, 2017, Kimsey Barboan beat his roommate, Anthony Martinez, 61, to death with a baseball bat.
He was only arrested charged with Martinez’s death three days later, while he was already in custody on charges related to drunk driving and the illegal possession of a firearm, State Police Agent Marcus Lopez wrote in an affidavit for an arrest warrant.
Lopez wrote that he interviewed Barboan, along with Agent Tony DeTavis, on Dec. 18, 2017.
Kimsey Barboan
“Mr. Barboan advised he had been chopping wood at the residence, 334 County Rd 13 (sic),” Lopez wrote. “Mr. Barboan advised he currently lives there with Anthony Martinez.”
Barboan told the agents that at 5 p.m. on Dec. 16, 2017, he went into the house and Martinez “jumped him and struck him with a wooden baseball bat,” Lopez wrote.
“He sustained injuries to the left side of his head and face,” Lopez wrote. “Mr. Barboan advised he got the baseball bat away from Mr. Martinez and began to strike Mr. Martinez with the baseball bat. He advised he did see blood on the facial area of Mr. Martinez.”
He told the detectives there were stolen guns in the house and Martinez used illegal drugs.
“Mr. Barboan stated he left the residence and also started Mr. Martinez was making some type of groaning noises,” Lopez wrote. “He took the baseball bat and broke out the window to the 1985 Blue GMC pickup, the driver’s side door.”
Lopez wrote that State Police Officer Darrell Blackhorse was told by dispatchers to be on the lookout for a 1980s Chevy pickup on the evening of Dec. 16, 2017 and he found it at the Circle K in Cuba.
Officers did not know about the homicide at this point.
Lopez did not write why Blackhorse was told to look for the truck.
Inside the truck, Barboan was lying across the front seat. He had a cut on the left side of his forehead. Blackhorse called for an ambulance and Barboan told him he got the cut because was jumped by “numerous white males,” Lopez wrote.
In the truck, Blackhorse found a bloody baseball bat and a rifle. He left the bat and seized the rifle and called an ambulance for Barboan, who was transported to the hospital. After Barboan was released, Blackhorse charged him for drunk driving, felon in possession of a firearm, driving on a revoked license, open container of alcohol in a vehicle and on two felony arrest warrants, he wrote.
Two days later, at 11:30 a.m., Dec. 18, 2017, two friends of Martinez went to his house. One of them, Coby Aragon, wanted to see if Martinez had any work for him, Lopez wrote.
When he went into the house, he found Martinez on the floor and told his friend, who called 911, he wrote.
Sandoval County Sheriff’s Deputy Robert Stand arrived and saw Martinez appeared to have blunt trauma to the head and “there was lots of blood.” Martinez was cold to the touch and had no pulse, Lopez wrote.
Stand noted that it appeared there had been a struggle in the house and there was blood on several walls, he wrote.
Where the kitchen and living room met, there was a dark baseball bat with blood on it. The deputies referred the case to the State Police agents, Lopez wrote.
Lopez and DeTavis then interviewed Barboan while he was being held at the Sandoval County Detention Center, he wrote.
Lopez charged him with an open count of murder and tampering with evidence.
On Feb. 1, 2018, a Sandoval County grand jury indicted Barboan on charges of second-degree murder, unlawful taking of a vehicle, tampering with evidence, DWI, driving on a license revoked for DWI and open container of alcohol in a vehicle.
Barboan received credit for time served of 547 days, or just over a year and a half.
According to the plea deal, Barboan killed Anthony Martinez “as a result of sufficient provocation” but no court documents state what, specifically, Martinez did to sufficiently provoke Barboan.
On April 22, 2017, Thomas Goodridge, 72, allegedly listened to a voice in his head that told him to kill his wife, Anna Goodridge, 76, because they were both going to be attacked in their Placitas home.
He allegedly took a rock from the front of their house and bludgeoned her in the head while she slept. He then washed his hands, combed his hair, brushed his teeth and then called police to say what he had done.
He allegedly told Sandoval County Sheriff’s Deputies they had been married for 46 years and was diagnosed as being bi-polar and had been taking his medication, but he was overcome with a fear that they were going to be attacked and he wanted to spare his wife as much pain as he could. He was arrested on an open count of murder.
On May 4, 2017, he was indicted on a charge of first-degree murder and on May 2, 2019, he pleaded no contest to one count of second-degree murder. A plea deal capped his sentence at eight years, which he was sentenced to on July 30, 2019.
“Upon arrival, Deputy Colvin detained Thomas Goodridge who had walked out of the residence,” Rodriguez wrote. “Thomas Goodridge made a statement about him murdering his wife, Anna Goodridge. Sergeant Marshal made entry into the residence. Inside the master bedroom, Sergeant Marshal located Anna Goodridge lying on the bed. Anna Goodridge had sustained severe trauma to her head and she was deceased.”
Next to the bed, Marshal saw a piece of rock splattered with blood. Colvin read Thomas Goodridge his Miranda rights, including his right to remain silent, and the latter agreed to talk.
“Thomas Goodridge told Deputy Colvin that he used a rock located near the front door of the residence,” Rodriguez wrote.
The rest of the rock was located at the front of the house, covered in blood, and matched the rock shard.
Rodriguez interviewed Thomas Goodridge a second time at the sheriff’s office.
“Thomas Goodridge informed us that he woke up around 1 a.m. fearing that he and his wife, Anna Goodridge were going to be attacked,” Rodriguez wrote. “Thomas Goodridge stated he and his wife, Anna Goodridge were asleep when he awoke. In the interview, Thomas Goodridge stated he had been hearing voices and he has been experiencing this fear of being attacked for months.”
Thomas Goodridge allegedly said he did not want his wife to suffer any pain.
“Thomas Goodridge stated, ‘I thought I would take her out of her misery, so that’s what I did,'” Rodriguez wrote.
He allegedly told the detectives he stopped hitting her with the rock when he thought she was head.
“Thomas Goodridge stated before he called the police he placed the rock back at the same location where he grabbed it,” Rodriguez wrote. “Thomas Goodridge stated while he waited for the Deputies to arrive on scene, he brushed his teeth and combed his hair.”
He said they had been married for 43 years and described his wife as “the best.” Although he is bi-polar, he allegedly told Rodriguez he had been taking his medication and when he went to bed, he felt normal.
“Thomas Goodridge stated the voices that he had been hearing told him, ‘That we both were going to be harmed, and if I did not want her to be harmed I would have to take her life,'” Rodriguez wrote. “Thomas Goodridge stated he has continued to hear these voices even though he is on medication and seeing a psychiatrist.”
McDonald previously, on May 2, accepted a no contest plea from Goodridge that capped his maximum sentence at eight years and set a minimum of four years. That plea mandated that the rest of his sentence be suspended, in this case seven years, and he be placed on supervised probation for five years after he is released from prison. The judgement and sentence also states that he will be placed on parole for two years.
Second-degree murder carries a maximum sentence of 15 years and it is a serious violent offense which means he must serve 85 percent of his sentence before he can be released, compared to the 50 percent required for crimes that are not considered to be serious violent offenses.
According to the judgement, Goodridge received credit of 828 days for time served while he was in jail awaiting trial, just over two years.
Sandoval County Sheriff’s detectives alleged brothers Liam, 18, and Jacob Johnson, 20, plotted to kill their uncle because he was getting between them in. They also planned his death in hopes that it would be a bonding experience.
On April 21, 2017, they allegedly lured him outside his room at the family’s two-house compound and hit him in the back of the head repeatedly with a three-pound sledge hammer.
They then allegedly loaded his body into the back of his own truck and dumped him into an arroyo in Rio Rancho, where his body was discovered, under a pile of his own trash, by a jogger.
Bothmen were indicted on May 4, 2017 on a series of charges including first-degree murder.
On March 8, 2019, Jacob Johnson pleaded guilty to second-degree murder and five other charges. The plea agreement provided for a total sentence of 42 years.
On March 26, 2018, Liam Johnson pleaded guilty to second-degree murder and conspiracy to commit first-degree murder. According to his plea agreement, he faced a sentence of 15 to 20 years in prison.
Brother Liam and Jacob Johnson had a problem. Their uncle from California, Donald Kalma, was coming between them, Jacob Johnson allegedly said during an interview with Sandoval County Sheriff’s Office detectives on April 21, 2017, Detective Frank Tomlinson wrote in a statement of probable cause for the arrest of both brothers.
Liam Johnson
On the evening of April 20, 2017, the brothers allegedly discussed the disruption Kalma was causing to their relationship and what do about it.
“After a long discussion, it was decided that Jacob and the defendant would kill Mr. Kalma by possibly stabbing or beating him to death,” Tomlinson wrote. “In the early morning of April 21, 2017 the defendant (Liam Johnson) and Jacob arrived at the residence of Mr. Kalma and as Jacob waited outside the entry to Mr. Kalma ‘s apartment, the defendant entered the residence with the intent of stabbing Mr. Kalma.”
When Liam Johnson entered Kalma’s room, a loft in the garage of the family complex that consisted of two houses, he woke up and mistook him for another member of the family, although who exactly is not listed.
“The defendant (Liam Johnson) aborted the knife attack and lured Mr. Kalma outside the residence,” Tomlinson wrote. “The defendant left, followed by Mr. Kalma. As Mr. Kalma exited the door, Jacob described striking him in the back of the head with such force it ‘dropped him like a sack of potatos (sic).'”
Jacob Johnson allegedly said he used a three-pound sledge hammer to hit Kalma in the back of the head. As Kalma lay on the ground, gurgling, Jacob Johnson allegedly said he struck his uncle two to three more times in the head.
“The defendant (Liam Johnson) and Jacob moved the body of Mr. Kalma to the east side of the residence where Mr. Kalma began to ‘gurgle’ once more,” Tomlinson wrote. “At this time the defendant (Liam Johnson) retrieved the sledgehammer and struck him two or three additional times in the head.”
Jacob Johnson allegedly said he loaded up Kalma’s body into the back of Kalma’s 1972 Ford F100 truck, along with pallets and a garbage bag filled with soda cans that Kalma collected. Once they reached a ravine area, they allegedly tossed his body down, along with the pallets and bag of trash.
“The 3lb sledgehammer was ‘tossed’ away from the body as both parties drove away from the scene,” Tomlinson wrote. “Jacob described the events as ‘justified’ due to Mr. Kalma’s constant disruptions and his ‘coming between brothers.’ Jacob and the defendant (Liam Johnson) stated he believed killing Mr. Karma was going to be a ‘bonding’ activity.”
Jacob Johnson
On the afternoon of April 21, 2017, after the Johnson brothers allegedly dumped their uncle’s body in the ravine, a jogger found it and called 911 at 12:29 p.m. in Rio Rancho.
Officers found Kalma’s body had a wood pallet covering it, a few “squirt” soda cans and sheet metal screws, a gold Allen wrench and a nail.
“It appeared that these items possibly could have fallen out of a vehicle used to transport the body to the location,” Tomlinson wrote. “A few feet further down the road at an intersection was located a small handheld sledge hammer that appeared to have suspected blood on it.”
The pathologist found a large wound to the back of his head and other contusions on his head.
Detectives then headed to the family property Kalma had been living at in Bernalillo, in the 900 block of North Camino Del Pueblo.
“Investigating officers obtained consent to look around the property,” Tomlinson wrote. “The property contained two family dwellings and a detached garage with a loft where Mr. Kalma lived.”
On the property they found Kalma’s blue truck and saw the bed had recently been washed out, but there still appeared to be blood in the puddles of water in the back.
“A sheet metal screw matching the ones found at the crime scene was observed in the back of the truck,” Tomlinson wrote. “Wood or bark were also seen in and around the truck and one yellow ‘Squirt’ soft drink can was inside the bed of the truck as well.”
In addition, officers found a wooden fence that allegedly matched the wooden fencing found near Kalma’s body, as well as plastic trash bags with red draw strings which matched the ones found with his body, he wrot.
“Investigating officers also located suspected blood on a property building,” Tomlinson wrote.
Tomlinson had Jacob Johnson come to the Sheriff’s Office with him, read him his Miranda rights and the Jacob Johnson allegedly told Tomlinson about the killing, he wrote.
Liam Johnson was the first brother to sign a plea agreement, on March 7, 2018, although the document was not filed with the clerks office until March 29, 2018. District Court Judge Cindy Mercer signed the agreement on March 26, 2018.
He pleaded guilty to second-degree murder and conspiracy to commit first-degree murder.
According to the plea, he faced a sentence of 15 to 20 years in prison followed by 5 years of supervised probation. The plea agreement was conditioned on his cooperation in the prosecution of his brother.
Jacob Johnson
A year later, Jacob Johnson signed a plea agreement, on March 4, 2019, along with prosecutor Jessica Martinez and his defense attorney, Marie Legrand Miller. The judge’s signature District Court Judge Cindy Mercer’s does not have a date. The plea agreement is time stamped by the clerks office on March 8, 2019 at 1:51 p.m.
A criminal information for Jacob Johnson was filed on March 4, 2019, charging him with three counts of tampering with evidence. He pleaded guilty to second-degree murder, conspiracy to commit first-degree murder and six counts of tampering with evidence. The aggravated burglary with a deadly weapon charge was dropped.
According to the terms of the plea, Jacob Johnson was to serve a 42-year sentence, with the various six counts of tampering with evidence running consecutive to one another.
Sentencing
Jacob and Liam Johnson were both sentenced on May 10, 2019, by District Court Judge Cindy Mercer.
Joseph Vargas fatally stabbed Kenneth Torres at a party on March 31, 2017, and also stabbed, but not fatally, Julian Torres. Vargas was initially charged with murder.
A grand jury indicted Vargas on charges of second-degree murder and aggravated battery with a deadly weapon, among other charges, on April 20, 2017.
On May 23, 2018, he pleaded guilty to second-degree murder and aggravated battery with a deadly weapon. According to his plea agreement, he received a sentence of eight years followed by five years of supervised probation.
The incident
On March 31, 2017, Joseph Vargas and Kenneth Torres were at the same party, at an apartment at 95 Eventide Road SE in Rio Rancho.
On April 6, Ginn managed to arrest Vargas on a probation warrant and brought him in for an interview.
“Joseph stated he went downstairs to where he observed two subjects involved in an altercation,” Ginn wrote. “Joseph was able to identify the two subjects as ‘dead guy’ and ‘Juelz.'”
Juelz had a handgun, which he handed to Kenneth Torres.
Vargas allegedly said he then stabbed Torres and saw “Juelz” going to a car, Ginn wrote.
“Joseph said that he was not sure if Juelz was going to get a bigger gun and stabbed Juelz as he was getting into the car,” Ginn wrote. “Joseph said he took the gun from Kenneth and left the area in Kenneth’s vehicle as the passenger. Joseph stated he remembered waking up the next morning with the gun and knife however could not account for the whereabouts of the weapons at this time.”
He was arrested on an open murder count and a charge of tampering with evidence.
A year later, on May 23, 2018, and without any intervening court hearings, Vargas pleaded guilty to second-degree murder and aggravated battery with a deadly weapon.
According to the plea agreement, accepted by Eichwald and signed by Assistant District Attorney Andoni Garrote, Vargas had his sentence set at eight years in prison followed by five years of supervised probation. (Technically, Eichwald sentenced Vargas to 15 years, the maximum, and then suspended seven of those years, resulting in a sentence of eight years.)
In the plea, Vargas also admitted his identity to one prior conviction, for aggravated battery on an officer and conspiracy to commit aggravated battery on an officer. He pleaded guilty in that case on Sept. 16, 2016, in case D-202-CR-201600853.
Charges: DWI vehicular homicide, two counts of DWI great bodily harm, aggravated DWI, possession of an alcoholic beverage by a minor and open container of alcohol in a vehicle
Status: Guilty plea to DWI vehicular homicide, two counts of DWI great bodily harm
Sentence: 9 years followed by 5 years supervised probation
While driving in excess of 100 mph on Feb. 24, 2017, Luke Griffin slammed into the back of another car, killing Corrina Vaden and injuring Kimberley Butcher and Elizabeth Rotter. A blood-alcohol test showed a level of 0.22, over twice the legal limit of 0.08.
On March 16, 2017, a grand jury indicted Griffin on charges of DWI vehicular homicide, two counts of DWI great bodily harm, aggravated DWI, possession of an alcoholic beverage by a minor and possession of an open container of alcohol in a vehicle.
On Dec. 11, 2017, Griffin pleaded guilty to DWI vehicular homicide and two counts of DWI great bodily harm and, per the plea agreement accepted by District Court Judge Louis P. McDonald, he was to receive a sentence of 9 years and 122 days and be given credit for 122 days time served. None of the crimes were to be considered serious violent offenses, decreasing the amount of time required to serve before being released on probation or parole from 85 percent to 50 percent.
According to the plea, he is also to be on supervised probation for 5 years after his release. McDonald officially sentenced him on Dec. 15, 2017 who, based on the plea, gave him a total sentence of 21 years, but suspended 11 years, for the 9 year sentence.
The incident
Around 11 p.m., Feb. 24, 2017, State Police Officer Larry Reuter was dispatched to Interstate 25 at mile post 252 to investigate a multiple-vehicle crash. Medics were already on the scene, trying to extract two passengers and one of the drivers involved, Reuter wrote in a statement of probable cause for Griffin’s arrest.
Luke Griffin
At 11:21 p.m., Reuter arrived and saw two cars on the shoulder.
He would later learn that Corrina Vaden died and two others, Kimberley Butcher and Elizabeth Rotter, had life-threatening injuries and were taken to the University of New Mexico Hospital in Albuquerque.
The two cars involved were a silver 2004 Audi and a 2014 Nissan, with its roof caved in and parts of the door missing. Griffin was allegedly the driver of the Audi and officers were later find him to be allegedly intoxicated.
“Emergency medical personnel were rendering aid to the driver and passenger of Nissan (Vehicle 2),” Reuter wrote. “The driver of Vehicle 2 was motionless and slumped over in the driver seat.”
One man was walking around, stating he was a witness and that Audi had been driven erratically before the crash.
Another witness, unnamed, said the Audi had been going over 100 mph to pass vehicles on the right shoulder.
“A different witness provided a verbal statement they observed Luke Griffin exit the audi after the crash and throw what appeared to be a liquor bottle over a fence,” Reuter wrote.
After Griffin was cleared by medics, Reuter found him to be stumbling, have bloodshot eyes and he allegedly smelled of alcohol. He also allegedly slurred his speech.
“I asked Luke how many alcoholic beverages he consumed and he stated he drank three beers at approximately 6 00 pm this date,” Reuter wrote.
Reuter then had Griffin do a series of field sobriety tests, which he allegedly did poorly on.
“Based on Luke’s state of intoxication and his safety the SFST’s were terminated,” Reuter wrote, referring to the field sobriety tests.
Reuter took Griffin to the State Police office for a blood-alcohol level test and found the tests were allegedly 0.22, above 0.16, twice the legal-per-se limit. He did not write what the exact measurements were. He then had a blood draw done at the State Police office.
possession of an open container of alcohol in a vehicle
two counts of DWI great bodily harm
Judge Louis McDonald
On Dec. 11, 2017, Griffin pleaded guilty to DWI vehicular homicide and two counts of DWI great bodily harm and, per the plea agreement accepted by District Court Judge Louis McDonald, he was to receive a sentence of 9 years and 122 days and be given credit for 122 days time served. None of the crimes were to be considered serious violent offenses, decreasing the amount of time required to serve before being released on probation or parole from 85 percent to 50 percent.
According to the plea, he is also to be on supervised probation for 5 years after his release. McDonald officially sentenced him on Dec. 15, 2017. McDonald, based on the plea, gave him a total sentence of 21 years, but suspended 11 years, for the 9 year sentence.
On July 30, 2015, Jefferson Herrera, 29, and his three brothers went to Richmond Sam‘s house, trying to get him outside to fight and destroying his property. Sam went to a neighbor’s house, got a gun and started shooting. He hit no one the first time he shot, according to court records.
Sam claims he was fired upon first. The people involved, described as being unreliable witnesses, said they never shot first, according to court records.
He then opened fire a second time, after the assailants, including Herrera, were driving away. He may, or may not have, fired the shot that killed him. According to court records, the autopsy report casts doubt that Sam was low enough to the ground, or close enough, for the trajectory of the bullet that killed him, according to court records.
Sam’s lawyer posited that it is possible one of Herrera’s own brothers accidentally shot him while fleeing, according to court records.
Sam was initially charged with second-degree murder and possession of a firearm by a felon, according to court records.
He took a binding plea for involuntary manslaughter with a minimum sentence of 15 months and a maximum of 21. Federal District Judge James Browning gave him the minimum, 15 months, according to court records.
The incident
On July 29, 2015, a group of four men, all brothers, bought some Old English malt liquor and started drinking. The victim’s brother, only identified as JH, told his brothers, one of whom was victim Jefferson Herrera, Richmond Sam owed him $45 for gas money. The debt was accrued several months prior, FBI Agent Ross Zuercherwrote in an affidavit for an arrest warrant.
Near Counselor, NM. Photo by Chris Sale/Flickr. CC BY
“Around midnight of July 30, 2015, the four men arrived at SAM’s residence shouting that he owed JH money, and to pay his debts,” Zuercher wrote. “The men tried to call SAM out of the residence to confront him.”
After Sam refused to come out, they started smashing the windows of the two cars parked at his house.
“The windows were smashed with iron fence posts obtained from the property,” Zuercher wrote. “JH stated that he saw a man, although he could not make out his face, begin to fire live ammunition at the four brothers.”
After being shot at, the men got into their own car and fled. Herrera was driving, he wrote.
“As the vehicle sped away down SAM’s driveway, several more shots were fired at the vehicle,” Zuercher wrote. “One round broke the back window of the vehicle. One of the rounds fired entered the back of John Doe’s neck, and exited the oral cavity. JH stated that he saw his brother, John Doe, slump forward with blood coming out of his mouth. John Doe had made painful moaning noises as he slumped forward.”
The car crashed into a ditch, JH got out of the vehicle, grabbed Herrera from the driver’s seat and put him in the rear.
“JH could not recall where the other two brothers went,” Zuercher wrote.
JH then drove to their mother’s house, four miles away. At 5 a.m. that same morning, Sam surrendered at the San Juan County Sheriff’s Office.
“The rifle was found wrapped in a blanket and placed inside a bush,” he wrote.
In his own statement to officers, Sam said he had been watching a movie when he heard a loud commotion coming from outside, and someone trying to break his door down.
“SAM held the door shut with his body weight,” Zuercher wrote. “While holding the door closed, SAM said that he heard a loud bang that sounded like a gunshot. Eventually the intruders lost interest into gaining access to the residence. SAM said that he heard a vehicle shift into drive, and believed it to be the best chance to escape from his residence.”
Sam told the officers he then ran to his cousin’s house, told him about the intruders and asked for a weapon and his cousin gave him the AK-47. He went back to his own house and positioned himself next to a wood pile.
“SAM then said that he was fired upon twice by what he believed to be a rifle,” Zuercher wrote. “SAM said that he thought it was a rifle because he could see the light reflecting off what looked to be a long barrel. SAM said he returned fire and shot approximately five times. SAM saw approximately four to six men scatter.”
He saw them get into a car and begin to drive away. He then moved closer, to a metal structure, and fired five more times. After he heard the vehicle crash, he wrapped the gun in a blanket and put it in a bush, he wrote.
Richmond Sam was on probation for previously shooting at a deputy who tried to pull him over for drunk driving. When he killed Herrera, he was still on probation.
In federal law, involuntary manslaughter carries a maximum sentence of eight years in prison. However, the plea agreement, which District Judge James Browning signed, dictated that Sam would receive a sentence of a year and three months (15 months) to a year and nine months (21 months).
Federal prosecutor David Adams proffered that binding plea deal and federal Magistrate Judge Karen Molzen initially accepted it although it was up to Browning to determine the final sentence.
“Acknowledging that the plea agreement radically reduces the defendant’s exposure to incarceration, the United States urges the Court to accept the agreement based on the fact that grounds for the plea are significantly tied to the facts of the case and the detrimental impact proceeding to trial would likely have on all parties involved,” Adams wrote.
The three brothers were unreliable witnesses and Adams was not sure if they would even show up, if the case went to trial, he wrote. In addition, they had little credibility, considering they attacked Sam’s property.
Near Counselor, NM. Photo by Chris Sale/Flickr. CC BY
“If one of the witnesses decided not to show, the government’s case in chief would collapse, the jury would more likely rely upon the Defendant and his version of events, which was well articulated in his statement to law enforcement,” Adams wrote. “A spokesperson for the family had conveyed to the government that the brothers would likely be a no show at the day of trial. The allegation by the Defendant that one of the brothers was firing a rifle from the vehicle would become an even more difficult obstacle to overcome if one of the witnesses decided not to show. The government wasn’t privy to what defenses witnesses would testify to, but the defense had eluded to the fact that one of their witnesses would testify that they heard or saw another weapon being fired, corroborating the Defendant’s version of events.”
Sam’s attorney, Robert Gorence, argued that Sam had a legitimate claim to self defense, Adams wrote.
‘”The United States agrees with the analysis that the Defendant’s self-defense claim could have resulted in an acquittal or at the very least a step down to involuntary manslaughter which would have resulted in a sentence of two to three years,” Adams wrote. “Taking those things into consideration, as well as the criminal history of the victim and his brothers, the parties negotiated a plea that reconciled what would have otherwise been an indeterminate trial dynamic.”
“Mr. Sam’s investigation in this case revealed the following that had not been uncovered by the FBI:
1. Mr. Sam had been the victim of repeated threats and violence directed against him and his property;
2. On the night of July 30, 2016, Mr. Sam was not intoxicated and was peaceably minding his business at his residence;
3. That the alleged victim in this case and his brothers, close to midnight, began what would be called an ‘attempted home invasion,’ and, when unsuccessful in breaching the residence, the alleged victim and his brothers proceeded to smash a house window and the windows of Mr. Sam’s vehicles.”
In addition, Sam was not armed in his own house and only retrieved a gun from his neighbor, who tried himself to call 911, but was unable to. In addition, three different neighbors would corroborate that they heard Sam being shot at before he returned fire, Gorence wrote.
“Perhaps of greatest significance in this case is the odd autopsy findings cursorily set forth in paragraph 17 of the PSR (Pre-sentence report),” Gorence wrote. “Although Mr. Sam was at least 15 feet higher in elevation than the alleged victim, the autopsy identified that the alleged victim died from a single bullet which entered his left upper back, went through his left shoulder blade and the left side of his neck, into his oral cavity and exited the right side of his mouth. Given the difference in elevation, this trial would have established great uncertainty as to whether or not Mr. Sam actually fired the fatal shot. Quite conceivably the alleged victim was accidentally shot by one of his brothers either in the vehicle or before entering it. This would explain the bizarre behavior of the victim’s brothers in not transporting him immediately to a hospital and instead going to a sister’s house for a very lengthy period of time. The argument would have been made at trial that the prolonged stay at the alleged victim’s sister’s house was an attempt by his brothers to cleanse themselves of his blood and hide other critical evidence, namely their firearm.”
Cause of death: Methamphetamine overdose with hypertensive and arteriosclerotic cardiovascular disease as significant contributing conditions, per autopsy report
On March 28, 2014, Daniel Boscon, 46, Bernalillo Police Officer Jeff McGinnis arrested Daniel Boscon for being disorderly. Despite his pleas for medical attention for dizziness and the laceration on his head, he was brought to the Sandoval County Detention Center where he died 30 minutes after being placed in a cell, according to a lawsuit.
Boscon’s estate was represented by Leon Howard, an attorney.
McGinnis handcuffed Boscon and placed him in the back of a police car. During the drive, Boscon “begged” McGinnis to take him to the hospital and said he was dizzy and had a cut on his head, Higgins wrote.
“There was no doubt that Decedent had injured his head–Defendant McGinnis could clearly see that Decedent’s head was bleeding, and had witnessed Decedent bang his head on the partition cage in Defendant McGinnis’ car,” Higgins wrote.
McGinnis told his supervisor, Sgt. Darrell Sanchez, that Boscon was bleeding and wanted to go to the hospital. Sanchez told McGinnis to take him to the Sandoval County Detention Center and “see what happens,” she wrote.
Sandoval County Detention Center
McGinnis tried to remove Boscon from the car without waiting for jail personnel to open the sally port, “contrary to known safety protocols,” she wrote.
Three unnamed Bernalillo Police Department officers then arrived at the jail and helped McGinnis try to pull Boscon out of the car with “significant force,” Higgins wrote.
One unidentified officer tried to remove Boscon by “using all of his body weight” against him and when that didn’t work, another tried to push push him out “using a great amount of force with with his body,” she wrote.
That struggle ended with officers pulling Boscon out of the rear passenger door, “after which Decedent fell face down onto the ground,” she wrote.
As he lay on the ground, multiple Bernalillo officers held him face down and handcuffed for two minutes and shackled his legs.
He was then taken to the booking area where he struggled. McGinnis accompanied him and did not tell jail staff that Boscon had complained about dizziness or that he had injured his head.
In apparent surveillance footage, McGinnis follows Boscon into the shower area after he was led away from booking and during the booking process he can be seen using a cell phone. He refused to hand over documents related to the cell phone, including its number, citing ongoing investigations, Higgins wrote in a motion to compel.
“Decedent again requested that he be given medical attention, this time, also, to SCDC personnel,” Higgins wrote in the complaint.
Jail staff did not give him any medical attention and staff did not conduct an “adequate” screening. He was then “placed in restraints”, booked, and placed in a cell with a window in the door, she wrote.
“Decedent was discovered unconscious by SCDC personnel 30 minutes after he was placed into the cell,” Higgins wrote.
The jail’s policy is to refuse to book anyone who arrives “in the midst of medical emergencies” and if he had told jail staff that Boscon said he had been feeling dizzy and had an injured head, they would have refused to book him, she wrote.
Higgins charged negligence by the police officers an the jail staff, battery by McGinnis and the three unnamed Bernalillo Police officers and failure to train and supervise both the officers and jail staff.
According to an autopsy report written by pathology fellow Linda Szymanski and Pathologist Ross Zumwalt, Boscon died from an overdose of methamphetamine. Hypertensive and arteriosclerotic cardiovascular disease were significant contributing conditions. The manner of death was an accident.
The autopsy showed one-vessel severe coronary artery disease and evidence of chronic myocardial ischemia, which is the death of heart tissue due to a lack of oxygen.
He had minor scrapes and bruises on his face and legs and blood in his chest, although this was put down to likely results of CPR.
The concentrations of methamphetamine in Boscon’s blood were “high.”
According to the toxicology report, he had an amphetamine level of 99 ng/ml and 2500 methamphetamine ng/ml in his blood, although no comparison is given for those quantities.
According to a lawsuit filed by the Human Rights Defense Center, the Sandoval County jail’s print out for “NMAC Law Enforcement cases closed” in October 2017 reported the county “paid $256,581.54 to the estate of Daniel Boscon for a “[w]rongful death claim while in jail.”
“The Pre-Sentence Report fairly describes Mr. Lovato’s promising childhood, his disconcerting slide into youthful alcohol abuse, and his presence in the hours leading up to the fatal confrontation in the company of two middle-aged, severe alcoholics with long criminal histories,” Samore wrote. “Whatever the precipitating factor, Mr. Lovato wound up in a ‘fight for his life’ with yet another middle-aged alcoholic, who was bent on hurting Mr. Lovato. Mr. Lucero’s extensive criminal history and violent past is fairly summarized in the PSR and Addendum. Mr. Lovato eventually overwhelmed Mr. Lucero, and the evidence indicated he administered more blows than necessary to defend himself.”
On April 15, 2011, Dennis Lovato beat Joseph Melvin Lucero to death. Although he was initially found by his neighbor’s son, the son took it to be a drunk person who had passed out. When the neighbor arrived home, he found that Lucero was dead. Lovato was arrested following the deadly beating for drunk driving and talked about getting into a fight, for his life, with Lucero, but Bureau of Indian Affairs and tribal police officers did not connect Lovato’s report of a fight with Lucero’s death until Lucero was reported as dead.
On Oct. 24, 2013, Lovato pleaded guilty to second-degree murder. Per the plea deal, he received a sentence of 12 years followed by five years of supervised probation.
Historic Kewa/Santo Domingo Indian Trading Post. Photo by Killbox/Flickr. CC BY-NC
In 2010, Santo Domingo Pueblo changed its name to Kewa Pueblo.
BIA Officer Earl Chicharello caught up to the vehicle, driven by Dennis Lovato, and managed to get him to pull over. He arrested him for drunk driving. Two other men in the car were arrested. They were Eddie Garcia and Nelson Garcia.
“Upon arrest, Lovato advised Officer Chicharello that he had just been involved in a fight with ‘Youngblood,’ later identified as Joseph Melvin Lucero, YOB (1949), also a Tribal Member of Santo Domingo Pueblo,” Kice wrote. “Lovato stated that the fight occurred at Lucero’s residence, located on Santo Domingo Pueblo. The arresting officer noted that Lovato’s shirt and hands were covered in blood, and that Lovato had a cut on a finger on his right hand. Lovato told Officer Chicharello that he was, ‘fighting for his life.'”
While at the Indian Health Services in Santa Fe, having his cut hand fixed up, Lovato allegedly made physical threats to BIA officers, claimed he was defending himself and that he got into a fight with “Youngblood.” Lucero’s nickname was “Youngblood.”
He also allegedly was overheard saying “I got scared,” “I got paranoid” and “I just left.”
At 9:45 p.m., the neighbor’s son, Ray Rosetta, noticed someone was in lying in front of Lucero’s house, between the house and the road.
“Ray noted that Lucero was known to have parties and he beleived that whoever it was had just passed out,” Kice wrote. “Later, when Ray’s father, Martin Rosetta, arrived home, he notified Santo Domingo Pueblo Tribal Officials of the body laying outside of Lucero’s residence.”
On April 16, 2011, Kice interviewed Eddie Garcia.
“Eddie stated that he was so intoxicated that he did not recall going to Lucero’s residence, nor did he call a fight between Lovato and Lucero,” Kice wrote.
Nelson Garcia told Kice that Lovato and Eddie Garcia picked him up from the train earlier that night and when they came back, they drove past Lucero’s house.
“Nelson stated that Lovato and Lucero had been in an argument a long time ago,” Kice wrote. “Nelson overheard Lovato say that he (Lovato) was ‘gonna get him (Lucero).”
Lovato then got out of the car and starting fighting with Lucero, Eddie Garcia told Kice.
Nelson Garcia then told Eddie Garcia that they needed to intervene and they separated the two men and Lovato got back into the truck. He then got out and started beating on Lucero again.
“Lucero was already down on the ground when Lovato was kicking him,” Kice wrote. “When Lovato returned to the vehicle, he stated, ‘I think I hit him hard; I think I killed him.’ They then ‘took off real fast,’ and Nelson was scared that they would flip the vehicle over.”
That same day, April 16, 2011, Kice went to interview Lovato at the Sandoval County Detention Center.
In that motion to suppress, Samore wrote that Eddie Garcia and Lovato began drinking in “midday.”
“(Over) the course of the next twelve hours (they) consumed a prodigious amount of alcohol,” Samore wrote. “About ten hours later, Eddie Garcia was passed out in the front passenger seat, and Mr. Lovato was driving Nelson Garcia, another drunken man who had joined Eddie and Dennis in the evening, to the Tesuque Street residence of Mr. Lucero.”
Lovato was still too drunk to consent to the interview, he wrote.
“No doubt can exist that he was in custody, and, considering the volumes of alcohol consumed, still under the influence of alcohol, and it makes no difference for purposes of this Motion, whether the consumption of alcohol was voluntary or not,” Samore wrote. “While the Defense does not contend the intoxication was involuntary, Mr. Lovato’s will was “overborne” under the circumstances.”
Lovato claimed in the interview they stopped at Lucero’s house because Nelson Garcia wanted to stop and that Nelson got out and he and Eddie waited for him in the car.
“Lovato exited the vehicle when he saw Lucero shoving Nelson,” Kice wrote. “Lovato stated that he hit Lucero twice and knocked him down, where he then kicked him. Lovato then got on top of Lucero and began punching Lucero through Lucero’s fists as he was trying to cover his face.”
He hit Lucero several times while on the ground and kicked him twice in the head after he finished punching him.
Lovato initially stated that Lucero had a knife when Lucero was fighting with Nelson; however, he did not know what happened to it when he and Lucero were fighting,” Kice wrote. There was no knife found at the crime scene; however, a folding knife was found upon search of the vehicle which was conducted on April 18, 2011.”
At the autopsy, the pathologist found that Lucero died from multiple blunt force traumas.
Indictment, plea and sentence
On May 11, 2011, a federal grand jury indicted Lovato on a single charge of second-degree murder, the charge he would eventually plead guilty to.
“The Pre-Sentence Report fairly describes Mr. Lovato’s promising childhood, his disconcerting slide into youthful alcohol abuse, and his presence in the hours leading up to the fatal confrontation in the company of two middle-aged, severe alcoholics with long criminal histories,” Samore wrote. “Whatever the precipitating factor, Mr. Lovato wound up in a ‘fight for his life’ with yet another middle-aged alcoholic, who was bent on hurting Mr. Lovato. Mr. Lucero’s extensive criminal history and violent past is fairly summarized in the PSR and Addendum. Mr. Lovato eventually overwhelmed Mr. Lucero, and the evidence indicated he administered more blows than necessary to defend himself.”
“Before entering the plea agreement, the United States closely reviewed the evidence and the law, and discussed this disposition with the victim’s son,” Baker wrote. “During a call with undersigned counsel, the victim’s son indicated that, although no sentence would be enough to make right what happened, he did not object to the plea. The proposed sentence of 144 months is lower than the advisory guideline sentence if Lovato pled to the indictment without an agreement, but is well above the advisory guideline sentence for a plea to Voluntary Manslaughter.”
He must serve 85 percent of his sentence, or just over 10 years.
According to the Bureau of Prisons website, he is set to be released on Sept. 27, 2021. He is currently being housed at the Yazoo City medium security prison in Yazoo City, Mississippi.
