• John Ensor is accused of crashing head-on into another car near Dexter, killing two girls, on April 4, 2021
• He waived a preliminary hearing • The district court arraignment is set for 9 a.m., May 17 in Roswell • Ensor is being held without bail pending trial after being found a danger to the community
ROSWELL, N.M. —John Ensor‘s vehicular homicide case, for the fiery deaths of two Dexter girls after he allegedly crashed head-on into them while driving drunk or high, was moved to district court after Ensor waived a preliminary hearing.
John Ensor
Fifth Judicial District Attorney’s Office prosecutor Taylor Jaggers filed the criminal information on April 28, 2021, charging Ensor, 33, of Roswell, with the same seven charges levied in magistrate court: two counts of DWI vehicular homicide and one count each of possession of a controlled substance: methamphetamine, driving on a license revoked for DWI, overtaking on the left, driving an unregistered vehicle and no insurance.
Ensor’s waiver does not state if he received any benefit or consideration from the prosecutor for waiving the hearing.
His arraignment is set for 9 a.m., May 17 in Roswell at the Chaves County Courthouse.
Ebywrote in an affidavit for a criminal complaint that, on April 4, 2021, Ensor was trying to pass multiple vehicles on State Road 2 near Crockett Yard Road in Dexter, when he crashed head-on into the Ford Focus driven by Danae Sosa, 17. Her sister, Darely, 12, was in the car with her.Eby wrote, based on an investigation by State Police Officer Marcus Gonzales, that multiple witnesses said after the crash, the sisters were unconscious and trapped in the car, which soon burst into flames. Officers found a syringe of alleged heroin and methamphetamine on the floorboard of his car.
“Witnesses reportedly attempted to extract Danae and Darely Sosa from their vehicle before it engulfed in flames but were unable to do so due to the amount of damage their vehicle sustained,” Eby wrote.
Ensor was initially released, once he got out of the hospital, and ordered to appear for a future court appearance. Prosecutors then filed to have him held in jail until trial and at an April 16 hearing, District Judge Thomas Lilley found a danger to the community.
In an order outlining his reasoning filed on April 22, Lilley wrote that Ensor has “established a pattern and practice of dangerous driving,” based on the homicide case as well as two prior drunk driving convictions.
Danae Sosa was a senior at Dexter High school and also attended the Goddard High School. She was part of the volleyball and track teams her freshman and sophomore years, according to her obituary.
“She enjoyed working out, shopping, thrifting, and spending time with family and friends. Her favorite things to do were playing Call of Duty, taking selfies, and listening to music,” according to her obituary.
Darely Sosa was a sixth-grade student at Dexter Middle School. In the fifth grade at Washington Avenue Elementary School, she was the vice president of her class and always on the honor roll, according to her obituary.
“Darely was a loving and compassionate person who enjoyed spending time with her sisters. She enjoyed reading, writing in her journal, playing Call of Duty, eating, and watching Anime. Darely was creative when it came to editing videos and photos, she always looked forward to it,” according to her obituary.
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• Jagjeet Singh is charged with fatally running over a woman walking on Interstate 40 near Gallup with her infant • Although the woman’s unnamed infant also died, a judge dismissed a charge of knowingly leaving the scene of a crash for the infant’s death • Singh will continue to live in Indiana pending trial
GALLUP, N.M. — A truck driver from Indiana will be confined to his home state, except to pick up his semi-trailer, after he was arraigned on April 26, 2021, for allegedly fatally running over a woman and her infant on Interstate 40 near Gallup.
Jagjeet Singh
Jagjeet Singh, 24, of Indianapolis, pleaded not guilty during his virtual arraignment to one charge of knowingly leaving the scene of an accident causing death, two counts of possession of a controlled substance and one count of possession of drug paraphernalia, through a Punjabi interpreter.
State Police Agent Larry Reuter wrote in a statement of probable cause that Singh ran over Jessica Ann Copey, 24, of Tohlakai, and her unnamed infant as she walked on Interstate 40 on Jan. 19, 2021.
Reuter initially charged Singh with two counts of knowingly leaving the scene of an accident, Casados dismissed one count, specifically for killing the unnamed infant.
According to the audio log from the arraignment, District Judge Robert Aragon allowed Singh to keep the conditions of his release originally imposed in the magistrate case.
Gallup Magistrate Judge Virginia Yazzie initially released Singh on an unsecured $100,000 bond after he was initially arrested and ordered he wear a GPS bracelet. Casados removed that condition and he was ordered to check in with his “compliance team” once a week.
He is allowed to drive throughout the state of Indiana and also is allowed to go back to New Mexico to pick up his semi-trailer and drive it back to Indiana.
A pre-trial conference is set for Aug. 2, 2021, followed by a tentative jury trial for Sept. 14, 2021.
Reuter wrote he read Singh his Miranda rights but made no mention of them in any language other than English or that Singh had, or did not have, trouble understanding him.
Singh allegedly told Reuter he knew he hit someone who had long, white hair, Reuter wrote.
“Jagjeet confirmed he had observed the person walking from North side of the median and walking Southbound across the highway,” Reuter wrote. “Jagjeet told me he took the exit at mile marker 16, stopped and looked in his mirror but could not see anyone in his mirror. Jagjeet never called the police and did not stop to look for the person he hit.”
• John Ensor allegedly crashed head-on into an oncoming car on April 4, 2021 • Sisters Danae and Darely, ages 17 and 12, died in the crash after bystanders were unable to get them our of their car before it burst into flames • Ensor will be held without bail pending trial after Judge Thomas Lilley found him a danger to the community on April 16
ROSWELL, N.M. —John Ensor will be held without bail indefinitely after he allegedly killed two girls from Dexter, ages 12 and 17, in a fiery drunk driving crash on April 4, 2021.
District Judge Thomas Lilley found Ensor, 33, of Roswell, is a danger to the community and ordered him held without bail following a dangerousness hearing on April 16, 2021.
Ensor is charged in magistrate court with two counts of DWI vehicular homicide for the crash that killed Darely Sosa, 12, and sister Danae Sosa, 17. Darely Sosa is referred to as Daraly Sosa in court documents.
John Ensor
State Police Officer Trent Ebywrote in court documents that Ensor was trying to pass multiple vehicles on State Road 2 near Crockett Yard Road in Dexter, when he crashed head-on into the Ford Focus that Danae was driving.
Roswell Magistrate Judge E. J. Fouratt initially ordered Ensor released on his own recognizance on April 6, after Eby filed a criminal complaint charging him with DWI vehicular homicide. Ensor was still in the hospital at the time and Fouratt ordered him to contact the magistrate court within 72 hours of being released.
The following day, April 7, Fifth Judicial District Attorney’s Office prosecutor Sarah Jean Grew filed an expedited motion for pre-trial detention. She wrote that Ensor had two previous drunk driving convictions various shoplifting and theft-related cases. In his second drunk driving case, from May 7, 2020, he drove his car over a curb and when police arrived, he was slumped over the wheel. He pleaded guilty in that case in August 2020.
“Defendant has an extensive criminal history in New Mexico that clearly belies an ongoing, serious substance abuse issue,” Grew wrote. “Tragically, his addiction has now led to the death of two young girls.”
Grew wrote that Ensor does not “respect or comply with court orders” and cited his multiple probation violations, being arrested while on probation, his failure to appear at court hearings and his failure to pay fines. Although Grew cites Ensor’s failure to pay court fines, she also wrote that he has a “serious substance abuse issue.” She did not write how someone with a “serious substance abuse issue” would be able to pay court fines and fees.
Grew lumped his non-appearances into his failure to pay what could be problematic court fines and fees.
“The defendant has six failures to appear and pay in his past, as well as multiple probation violations,” she wrote.
Lilley issued a no-bond warrant on April 12 after Ensor failed to appear for the pre-trial detention hearing.
According to minutes from that hearing, an attorney appeared filling in for William Waggoner, Ensor’s attorney. Lilley issued the warrant after finding Ensor did not appear.
The court minutes do not state if Waggoner had been in contact with Ensor, if anyone confirmed he was released from the hospital or if he had been told about the hearing.
Although no warrant return was entered into the court record, a hearing on the motion to hold Ensor without bail was scheduled on April 14 for April 16, 2021.
On April 4, 2021, around 2:30 p.m., Ensor allegedly tried to pass multiple vehicles on State Road 2, near Crockett Yard Road, when he crashed his Oldsmobile Bravada head-on into a 2009 Ford Focus driven by Danae Sosa, 17, Eby wrote in an affidavit for a criminal complaint.
Eby wrote, based on an investigation by State Police Officer Marcus Gonzales, that multiple witnesses said after the crash, Danae Sosa and sister Darely Sosa, 12, of Dexter, were unconscious and trapped in the car, which soon burst into flames.
“Witnesses reportedly attempted to extract Danae and Darely Sosa from their vehicle before it engulfed in flames but were unable to do so due to the amount of damage their vehicle sustained,” Eby wrote.
Eby wrote that by the time he arrived, the Focus was severely burned and heavily damaged and the bodies of both girls were still inside. Gonzales told Eby that he found a syringe in Ensor’s vehicle and that he was being transported to the hospital.
A day later a “TruNarc” test showed the syringe to be filled with a “fentanyl compound and/or methamphetamines,” he wrote.
At the hospital, unidentified “ambulance personnel” told Eby at the hospital that Ensor said he was drinking in Cloudcroft earlier in the day, Eby wrote.
Eby wrote he found the syringe where Gonzales said it was and another officer. Austin Wilson, volunteered to collect it as evidence. He then drove to the hospital where Ensor was taken. Ensor was intubated and unconscious, with a breathing tube down his throat. Eby read the unconscious Ensor the state’s implied consent law and then had his blood drawn.
Eby wrote that Ensor’s sport-utility vehicle’s registration was expired and had no insurance and according to a National Crime Information Center, or NCIC, query, Ensor’s driver’s license was suspended for drunk driving and he had two prior drunk driving convictions.
Danae, 17, and Darely Sosa, 12, also known by the last name Sosa-Zubia, were both born in Phoenix, Ariz., to Manuel Aaron Sosa Marquez and Iveth Sosa Zubia. They lived in Dexter.
Danae Sosa was a senior at Dexter High school and also attended the Goddard High School. She was part of the volleyball and track teams her freshman and sophomore years, according to her obituary.
“She enjoyed working out, shopping, thrifting, and spending time with family and friends,” according to her obituary. “Her favorite things to do were playing Call of Duty, taking selfies, and listening to music.”
Danae Sosa was fun, outgoing and vivacious and she “dearly loved” being part of the Dance of the Matachines.
“When you think of Danae, celebrate the good memories you have of her,” according to her obituary. “Remember that life is fragile and short and should be lived to the fullest.”
Sister Darely Sosa was a sixth-grade student at Dexter Middle School. In the fifth grade at Washington Avenue Elementary School, she was the vice president of her class and always on the honor roll, according to her obituary.
“Darely was a loving and compassionate person who enjoyed spending time with her sisters,” according to her obituary. “She enjoyed reading, writing in her journal, playing Call of Duty, eating, and watching Anime. Darely was creative when it came to editing videos and photos, she always looked forward to it. ”
Darely was outgoing and enjoyed being in the Dance of the Matachines.
“Darely will be remembered for her uniqueness and the way she could captivate people and their hearts,” according to her obituary.
Both girls are survived by their parents, sister Debany Sosa and grandparents Emilia Berzoza Valles, Maria Sosa Marquez and Jesus Navarette.
Darely Sosa is also survived by her precious pets, Boots the cat and Lucky the dog.
Danae Sosa is also survived by her pets Cyder and Moonia.
Charges: Two counts of DWI vehicular homicide and one count each of possession of a controlled substance: methamphetamine, driving on a license revoked for DUI, overtaking on the left, driving an unregistered vehicle and no insurance.
Status: Pending in district court
Sentence: n/a
Incident Location: State Road 2 near Crockett Yard Road near Roswell
On April 4, 2021, while trying to pass multiple vehicles on State Road 2 near Crockett Yard Road, John Ensor, 33, allegedly crashed into an oncoming car driven by Danae Sosa, 17. Her sister, Darely Sosa, 12, was in the front seat. Their car was soon engulfed in flames, with the two unconscious girls inside, despite witness attempts to get them out of their badly damaged vehicle, according to court documents.
Ensor was then charged with two counts of DUI vehicular homicide after police found a syringe of fentanyl and methamphetamine in the Oldsmobile Bravada he drove. After initially being released on his own recognizance while he was still in the hospital, prosecutor Sarah Jean Grew asked he be held without bail pending trial. District Judge Thomas Lilley ordered he be held without bail pending trial following a hearing on April 16, 2021 where he took testimony from investigators.
On April 22, Ensor waived a preliminary hearing and prosecutors filed a criminal information charging him with two counts of vehicular homicide on April 28, 2021.
On April 4, 2021, around 2:30 p.m., John Ensor, 33, of Roswell, allegedly tried to pass multiple vehicles on State Road 2, near Crockett Yard Road, when he crashed his Oldsmobile Bravada head-on into a 2009 Ford Focus driven by Danae Sosa, 17, State Police Officer Trent Eby wrote in an affidavit for a criminal complaint.
Eby wrote, based on an investigation by State Police Officer Marcus Gonzales, that multiple witnesses said after the crash, Danae Sosa and sister Darely Sosa, 12, of Dexter, were unconscious and trapped in the car, which soon burst into flames.
John Ensor
“Witnesses reportedly attempted to extract Danae and Darely Sosa from their vehicle before it engulfed in flames but were unable to do so due to the amount of damage their vehicle sustained,” Eby wrote.
Eby wrote that by the time he arrived, the Focus was severely burned and heavily damaged and the bodies of both girls were still inside. Gonzales told Eby that he found a “loaded syringe” with what he assumed to be heroin on the front floorboard of the Bravada. By the time Eby arrived, Ensor was being transported to the Eastern New Mexico Medical Center. Gonzales told him he believed Ensor may have been drunk or high at the time of the crash.
A day later a “TruNarc” test showed the syringe to be filled with a “fentanyl compound and/or methamphetamines,” he wrote.
Unidentified “ambulance personnel” told Eby at the hospital that Ensor said he was drinking in Cloudcroft earlier in the day, Eby wrote.
Eby wrote he found the syringe where Gonzales said it was and another officer. Austin Wilson, volunteered to collect it as evidence. He then drove to the hospital where Ensor was taken. Ensor was intubated and unconscious, with a breathing tube down his throat. Eby read the unconscious Ensor the state’s implied consent law and received no response and then had his blood drawn.
Eby wrote that Ensor’s sport-utility vehicle’s registration was expired and had no insurance and according to a National Crime Information Center, or NCIC, query, Ensor’s driver’s license was suspended for drunk driving and he had two prior drunk driving convictions.
Two days later, Eby filed a criminal complaint charging Ensor with two counts of DUI vehicular homicide and one count each of possession of a controlled substance: methamphetamine, driving on a license revoked for DUI, overtaking on the left, driving an unregistered vehicle and no insurance.
In an order holding Ensor without bail pending trial filed on April 22, District Judge Thomas Lilleywrote that Ensor’s girlfriend, Margaret Briggs, told Ensor’s uncle and “another” that she was drinking with him earlier in the day and that she felt guilty for letting him drive, instead of driving him herself. Cloudcroft, where he told ambulance personnel he had been drinking, is two hours from the crash site.
Released on own recognizance
On April 6, the day Eby filed the criminal complaint charging Ensor, Roswell Magistrate Judge E. J. Fouratt ordered Ensor released on his own recognizance once he was released from the hospital and ordered him to contact the magistrate court within 72 hours of being released. He also ordered Ensor to appear in the magistrate court on April 26 for a court hearing.
Prosecutors move for indefinite detention
A day after Eby filed the charges against Ensor, Fifth Judicial District Attorney’s Office prosecutor Sarah Jean Grew filed an expedited motion for pre-trial detention, to keep Ensor in jail indefinitely, without bail, pending trial.
She wrote that as evidence was Ensor’s previous two convictions for drunk driving, the weight of evidence in the case against him and various shoplifting and theft-related cases. In his second drunk driving case, from May 7, 2020, he drove his car over a curb and when police arrived, he was slumped over the wheel. He pleaded guilty in that case in August 2020.
“Defendant has an extensive criminal history in New Mexico that clearly belies an ongoing, serious substance abuse issue,” Grew wrote. “Tragically, his addiction has now led to the death of two young girls.”
Grew wrote that Ensor does not “respect or comply with court orders” and cited his multiple probation violations, being arrested while on probation, his failure to appear at court hearings and his failure to pay fines.
Although Grew cites Ensor’s failure to pay court fines, she also wrote that he has a “serious substance abuse issue.” She did not write how someone with a “serious substance abuse issue” would be able to pay court fines and fees.
Grew wrote that Ensor continuously fails to appear for court and lumped his non-appearances into his failure to pay what could be problematic fines and fees.
“The defendant has six failures to appear and pay in his past, as well as multiple probation violations,” she wrote.
Warrant issued after court no-show on April 12, 2021
According to minutes from that hearing, an attorney appeared filling in for William Waggoner, Ensor’s attorney. Lilley issued the warrant after finding Ensor did not appear.
The court minutes do not state if Waggoner had been in contact with Ensor, if anyone confirmed he was released from the hospital or if he had been told about the hearing.
Lilley said, according to the minutes, he would set a pre-trial detention hearing once Ensor was arrested on the warrant.
Held without bail pending trial
Although no warrant return was entered into the court record, a hearing on the motion to hold Ensor without bail was scheduled on April 14 for April 16, 2021.
A preliminary hearing is set for 9 a.m., April 23.
Danae and Darely Sosa
Danae, 17, and Darely Sosa, 12, also known by the last name Sosa-Zubia, were both born in Phoenix, Ariz., to Manuel Aaron Sosa Marquez and Iveth Sosa Zubia. They lived in Dexter.
Darely Sosa is referred to in court documents as Daraly Sosa.
Danae Sosa was a senior at Dexter High school and also attended the Goddard High School. She was part of the volleyball and track teams her freshman and sophomore years, according to her obituary.
“She enjoyed working out, shopping, thrifting, and spending time with family and friends,” according to her obituary. “Her favorite things to do were playing Call of Duty, taking selfies, and listening to music.”
Danae Sosa was fun, outgoing and vivacious and she “dearly loved” being part of the Dance of the Matachines.
“When you think of Danae, celebrate the good memories you have of her,” according to her obituary. “Remember that life is fragile and short and should be lived to the fullest.”
Sister Darely Sosa was a sixth-grade student at Dexter Middle School. In the fifth grade at Washington Avenue Elementary School, she was the vice president of her class and always on the honor roll, according to her obituary.
“Darely was a loving and compassionate person who enjoyed spending time with her sisters,” according to her obituary. “She enjoyed reading, writing in her journal, playing Call of Duty, eating, and watching Anime. Darely was creative when it came to editing videos and photos, she always looked forward to it. ”
Darely was outgoing and enjoyed being in the Dance of the Matachines.
“Darely will be remembered for her uniqueness and the way she could captivate people and their hearts,” according to her obituary.
Both girls are survived by their parents, sister Debany Sosa and grandparents Emilia Berzoza Valles, Maria Sosa Marquez and Jesus Navarette.
Darely Sosa is also survived by her precious pets, Boots the cat and Lucky the dog.
Danae Sosa is also survived by her pets Cyder and Moonia.
• The prosecution and defense agreed to send Larrison Hunch to a mental hospital until he is competent
• Hunch is charged with second-degree murder for the beating death of Alvin Adakai, 62
GALLUP, N.M. — A Mentmore man charged with second-degree murder for a motel beating death in 2020 had his case stayed, March 9, 2021, after his attorney raised the question of competency.
Larrison Hunch
Attorney Todd Farkas raised the issue of Larrison Hunch‘s competency on March 1, before District Judge Robert Aragon stayed the case on March 9, according to the docket.
Farkas said during a hearing on March 5, 2021, that a neuropsychologist told him she did not believe Hunch, 45, was competent to stand trial, according to audio logs.
During a subsequent hearing on March 29, 2021, prosecutor John Bernitz asked the judge to send Hunch to the mental hospital in Las Vegas for a second evaluation and Farkas said they already reached an agreement on the evaluation, according to the audio logs.
According to the docket, Hunch was sent to the New Mexico Behavioral Health Institute in Las Vegas to “attain competency to stand trial.”
No new court dates have been set.
Hunch has been in custody since May 20, 2020, when he was arrested.
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.
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. Office of the Medical Investigator Field Investigator Harolynn Yazzie told Thayer that Adakai’s death was suspicious but the pathologist who conducted the autopsy would contact him with more information, he wrote.
That same day, pathologist Satish Chundru told Thayer Adakai’s death was a homicide and his neck bones were fractured.
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 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.
• A judge dismissed one of the two counts of knowingly leaving the scene of a crash causing death • Jagjeet Singh does not have a case in district court yet, even though he was bound over on March 4, 2021 • SP Agent Larry Reuter said in court documents that Singh admitted to running over Jessica Ann Copey and her infant child on Jan. 19, 202
GALLUP, N.M. — A magistrate judge bound over an Indiana man on a single charge of leaving the scene of an accident causing death, as well as drug charges, for allegedly running over a woman and her infant near Gallup and then fleeing the scene.
Los Alamos Magistrate Judge Pat Casados bound over Jagjeet Singh, 24, of Indianapolis, to district court on additional charges of possession of a controlled substance: methamphetamine, possession of a controlled substance: heroin and possession of drug paraphernalia.
Singh is charged for allegedly killing Jessica Ann Copey, 24, of Tohlakai, and her unnamed infant on Jan. 19, 2021 in a hit-and-run on Interstate 40, west of Gallup
Singh has neither been arraigned in district court, nor has a district court case been created, as of March 20, according to district court records.
Casados’ order does not say why she did not find probable cause for the second count of knowingly leaving the scene of an accident causing death, which carries a maximum sentence of six years.
The two drug possession charges appear in the court record as “IMPROPER STATUTORY CITATION,” including in Casados’ order.
If convicted on all the remaining charges, Singh could face a maximum sentence of nine years, if he received the maximum on each and the sentences were ordered to be served consecutively, or one after the other.
Singh is living with his family in Indiana. He had been ordered to wear a GPS ankle bracelet but the monitoring company ran out and the defense, with the prosecution’s assent, requested he only be required to call his pre-trial monitors once a week, which Casados granted.
State Police Agent Larry Reuter charged Singh a day after a State Police officer found the bodies of Copey and her infant in the median. The infant was in a car seat, State Police Officer Dusty Francisco wrote in a press release. McKinley County Sheriff’s deputies had been alerted shortly before to a woman walking on the interstate.
Reuter wrote in an amended statement of probable cause for Singh’s arrest that Singh admitted to hitting someone, after Reuter read him his Miranda rights. Singh has requested an interpreter for his court case and Reuter made no mention of reading him his Miranda rights in any language other than English or that Singh had, or did not have, trouble understanding him. Miranda rights are supposed to be knowingly and intelligently waived.
When State Police officers searched his truck, they found heroin and methamphetamine, Reuter wrote.
LAS VEGAS, N.M. — Four years and five competency evaluations after he was arrested on a charge of murder in 2017, Richard Griego is still being evaluated for his competency to stand trial.
Richard Griego was bound over to District Court on charges of first-degree murder and tampering with evidence on May 1, 2017. His case has essentially placed on pause since Nov. 15 2017, when competency was first raised as an issue.
According to the log of a Dec. 23, 2020 hearing, prosecutor Thomas Clayton said stipulating to Richard Griego’s lack of competency to stand trial would be “imprudent.”
Defense attorney Todd Farkas said the main question on competency is Richard Griego’s ability “to assist,” presumably in his own defense.
Richard Griego
In New Mexico, a competency finding requires three things of a defendant, according to State v. Flores (2005):
Understand “the nature and gravity of the proceedings against”
Have a “factual understanding of the criminal charges”
In a Nov. 18, 2020 hearing, Farkas told the judge that Griego had previously been found not competent to stand trial and Clayton said it was the fifth evaluation. Two prior evaluations found him competent while three, including the only recently completed, found him not competent.
Griego has two other cases pending against him, both of which happened after he was jailed in the murder case, and both of which are rolled into the broader competency proceedings.
The first, from Aug. 3, 2018, resulted in two counts of possession of a deadly weapon by a prisoner. The second, on March 1, 2019, resulted in a charge of aggravated battery with a deadly weapon.
No new court dates are set.
Possession of a deadly weapon by a prisoner
Las Vegas Police Officer Caleb Marquez wrote in an affidavit for an arrest warrant that he was sent to the San Miguel Detention Center on Aug. 3, 2018, for a report of a prisoner who has a weapon.
Jail staff told Marquez they found several items on Griego “during a shakedown of a housing pod.” The items were a hollowed-out bolt with a nut that had a nail pushed through the hollow end, about 4 inches in length, described as a shank, Marquez wrote. The second item was a handcuff key.
Clayton filed a criminal information on Oct. 19, 2018 in district court charging Griego with two counts of possession of a deadly weapon by a prisoner.
Aggravated battery
Las Vegas Police Officer Estevan Martinez wrote in an affidavit for an arrest warrant, on a charge of aggravated battery, that he was called to the San Miguel Detention Center on March 2, 2019, for a report of a fight involving Griego and Johnny Gallegos.
Martinez wrote that he watched a surveillance video from the incident and in it, he saw the two men got into a fight and Griego pushed Gallegos out of their cell and into the hallway with a crutch. Griego then allegedly beat Gallegos in the head and back with the crutch as Gallegos crawled away on his hands and knees. On the third strike, the crutch broke and Griego kept on hitting him with it, a total of eight times.
The two men were fighting after Gallegos tried to inject a crushed pill, he wrote.
On April 16, 2019, Clayton filed a criminal information in district court charging Griego with a single count of aggravated battery with a deadly weapon.
• Jagjeet Singh is charged with two counts of leaving the scene of an accident causing death • SP Agent Larry Reuter said in court documents that Singh admitted to running over Jessica Ann Copey and her infant child on Jan. 19, 2021 • Magistrate Judge Virginia Yazzie released Singh on an unsecured $100,000 bond
GALLUP, N.M. — State Police charged a 24-year-old man for the deaths of a 24-year-old woman and her infant child in an alleged Jan. 19, 2021 hit-and-run on Interstate 40, west of Gallup.
State Police Agent Larry Reuter charged Jagjeet Singh, of Indianapolis, on Jan. 20, 2021, with two counts of leaving the scene of an accident resulting in great bodily injury or death, one count of possession of a controlled substance: heroin, one count of possession of a controlled substance: methamphetamine and one count of possession of drug paraphernalia.
Singh is charged for allegedly killing Jessica Ann Copey, 24, of Tohlakai, and her unnamed infant.
Singh pleaded not guilty when he was initially arraigned on Jan. 21, on just the leaving the scene of an accident charges, and Gallup Magistrate Judge Virginia Yazzie released him on an unsecured $100,000 bond.
Reuter later filed an amended complaint, charging him with the drug offenses, and he is set to be arraigned a second time, with an interpreter, on Feb. 2. The case was reassigned, for unlisted reasons, to Los Alamos Magistrate Judge Pat Casados.
Jagjeet Singh
The case started on Jan. 19, 2021, around 9:30 p.m., when the McKinley County Sheriff’s Office received a call about a woman walking east on I-40, around mile marker 15, west of Gallup. A “short time later,” a State Police officer driving that way saw a large object, a shoe and debris from a vehicle in the road and in the median. A deputy then arrived and they both discovered, in the median, Copey’s body and her infant, also dead, in a car seat, State Police Officer Dusty Francisco wrote in a press release.
Investigators “learned” that Copey was carrying her child in the car seat while walking in the left lane of I-40 when he was hit by a tractor-trailer, who did not stop. An attempt to locate the driver was broadcast to state and local law enforcement agencies. On Jan. 20, 2021, a day later, a McKinley County Sheriff’s deputy located a tractor-trailer with heavy front-end damage parked at the Flying J’s Truck Stop nears Jamestown, Francisco wrote.
In an amended statement of probable cause for Singh’s arrest, State Police Agent Larry Reuter wrote that state police officers recovered a blue bumper and a headlight where Copey and the child were killed.
Reuter wrote that State Police arrives “arrived” at the truck stop and saw Singh’s vehicle, which was missing the bumper and headlight, which matched those found on the interstate. Jagjeet Singh and his passenger, Gurcharan Singh, were “detained” and brought to the State Police office in Gallup.
Gurcharan Singh told Reuter that he received a call from Jagjeet Singh at 12:10 a.m., Jan. 20, that he hit a deer and he needed help to replace his headlight. Gurcharan Singh was headed west on I-40 and stopped at the gas station, Reuter wrote.
“Gurcharan told me he was not told anything about Jagjeet hitting a person,” Reuter wrote.
Reuter wrote that he then interrogated Jagjeet Singh, after reading him his Miranda rights. Reuter made no mention of reading him his Miranda rights in any language other than English or that Jagjeet Singh had, or did not have, trouble understanding him.
Jagjeet Singh allegedly told Reuter he knew he hit someone who had long, white hair, Reuter wrote.
“Jagjeet confirmed he had observed the person walking from North side of the median and walking Southbound across the highway,” Reuter wrote. “Jagjeet told me he took the exit at mile marker 16, stopped and looked in his mirror but could not see anyone in his mirror. Jagjeet never called the police and did not stop to look for the person he hit.”
Jagjeet Singh allegedly told Reuter he called his cousin who asked why someone would be walking in the road and suggested he hit an animal instead. He drove to the truck stop, where he stayed until he was arrested, Reuter wrote. The cousin is not identified in court documents.
“Jagjeet drew a diagram of where his CVE was positioned when he struck the female,” Reuter wrote. “Jagjeet could not give an answer why he did not call the police or attempt to render aid to the victims he hit.”
When agents searched Jagjeet Singh’s tractor-trailer, they found two bags of a brown powder-like substance weighing 34.8 grams and a white crystalline substance weighing 5.6 grams. The drugs were tested, and came back as heroin and methamphetamine although Reuter did not write what kind of test was conducted, by whom or the presumed accuracy.
Charges: One count of leaving the scene of an accident resulting in great bodily injury or death, one count of possession of a controlled substance: heroin, one count of possession of a controlled substance: methamphetamine and one count of possession of drug paraphernalia; an additional count of leaving the scene of an accident resulting in great bodily injury or death was dismissed by a judge in magistrate court.
On Jan. 19, 2021, truck driver Jagjeet Singh, 24, of Indianapolis, allegedly ran over Jessica Ann Copey, 24, of Tohlakai, and her infant who was in a car seat, as she walked on I-40, then parked at a truck stop until police arrested him the next day.
Although an investigators wrote that Singh waived his Miranda rights and admitted to running over someone, he has also requested an interpreter in court proceedings and there is no indication that an interpreter read him his rights. Miranda rights are supposed to be knowingly and intelligently waived.
Magistrate Judge Virginia Yazzie released him on an unsecured $100,000 bond following his first appearance on Jan. 21, 2021. Magistrate Judge Pat Casados dismissed one charge of knowingly leaving the scene of a crash and bound him over to district court following a preliminary examination on March 3, 2021.
He was arraigned in district court virtually on April 26, 2021, and pleaded not guilty to all the charges through a Punjabi interpreter.
The incident
On Jan. 19, 2021, around 9:30 p.m., the McKinley County Sheriff’s Office received a call about a woman walking east on Interstate 40, around mile marker 15, west of Gallup. A “short time later,” a State Police officer driving that way saw a large object, a shoe and debris from a vehicle in the road and in the median. A deputy then arrived and they both discovered, in the median, the body of Jessica Ann Copey, 24, of Tohlakai and her infant, also dead, in a car seat, State Police Officer Dusty Francisco wrote in a press release.
Jagjeet Singh
Investigators “learned” that Copey was carrying her child in the car seat while walking in the left lane of I-40 when he was hit by a tractor-trailer, who did not stop. An attempt to locate the driver was broadcast to state and local law enforcement agencies. On Jan. 20, 2021, a day later, a McKinley County Sheriff’s deputy located a tractor-trailer with heavy front-end damage parked at the Flying J’s Truck Stop nears Jamestown, Francisco wrote.
In an amended statement of probable cause for Jagjeet Singh’s arrest, State Police Agent Larry Reuter wrote that state police officers recovered a blue bumper and a headlight where Copey and the child were killed. Singh, 24, is from Indianapolis, Indiana.
Reuter wrote that State Police arrives “arrived” at the truck stop and saw Singh’s vehicle, which was missing the bumper and headlight, which matched those found on the interstate. Jagjeet Singh and his passenger, Gurcharan Singh, were “detained” and brought to the State Police office in Gallup.
Gurcharan Singh told Reuter that he received a call from Jagjeet Singh at 12:10 a.m., Jan. 20, that he hit a deer and he needed help to replace his headlight. Gurcharan Singh was headed west on I-40 and stopped at the gas station, Reuter wrote.
“Gurcharan told me he was not told anything about Jagjeet hitting a person,” Reuter wrote.
Reuter wrote that he then interrogated Jagjeet Singh, after reading him his Miranda rights. Reuter made no mention of reading him his Miranda rights in any language other than English or that Jagjeet Singh had, or did not have, trouble understanding him.
Jagjeet Singh allegedly told Reuter he knew he hit someone who had long, white hair, Reuter wrote.
“Jagjeet confirmed he had observed the person walking from North side of the median and walking Southbound across the highway,” Reuter wrote. “Jagjeet told me he took the exit at mile marker 16, stopped and looked in his mirror but could not see anyone in his mirror. Jagjeet never called the police and did not stop to look for the person he hit.”
Jagjeet Singh allegedly told Reuter he called his cousin who asked why someone would be walking in the road and suggested he hit an animal instead. He drove to the truck stop, where he stayed until he was arrested, Reuter wrote. The cousin is not identified in court documents.
“Jagjeet drew a diagram of where his CVE was positioned when he struck the female,” Reuter wrote. “Jagjeet could not give an answer why he did not call the police or attempt to render aid to the victims he hit.”
When agents searched Jagjeet Singh’s tractor-trailer, they found two bags of a brown powder-like substance weighing 34.8 grams and a white crystalline substance weighing 5.6 grams. The drugs were tested, and came back as heroin and methamphetamine although Reuter did not write what kind of test was conducted, by whom or the presumed accuracy.
Magistrate Judge Virginia Yazzie initially released Jagjeet Singh on a $100,000 unsecured bond at his first appearance on Jan. 21, 2021. He is set to be arraigned on the amended criminal complaint, which added the drug charges, on Feb. 2, 2021, in front of Magistrate Judge Pat Casados. An interpreter is scheduled for that hearing, according to the docket.
On March 4, 2021, following a preliminary hearing, Casados bound over Jagjeet Singh on one count each of leaving the scene of an accident resulting in great bodily injury or death, possession of a controlled substance: heroin, possession of a controlled substance: methamphetamine and possession of drug paraphernalia.
Casados dismissed one count of leaving the scene of an accident resulting in great bodily injury or death, according to her order.
On March 22, prosecutors filed a criminal complaint against Singh in Gallup District Court, after Casados bound him over.
He was arraigned virtually on April 26, 2021, and pleaded not guilty to all the charges through a Punjabi interpreter.
He is allowed to drive throughout the state of Indiana and also is allowed to go back to New Mexico to pick up his semi-trailer and drive it back to Indiana.
A pre-trial conference is set for Aug. 2, 2021, followed by a tentative jury trial for Sept. 14, 2021.
DEMING, N.M. — Isaias Lobato-Rodriguez received the maximum sentence for strangling a woman outside Hatchita in 2017, after spending over three years in jail awaiting trial.
Isaias Lobato-Rodriguez
A jury found him guilty of the second-degree murder of Connie Lopez, 57, of Lake Placid, Fla., following a four-day trial that ended Aug. 20, 2020. They deliberated for just an hour. He was charged in district court with first-degree murder.
During a hearing on Nov. 2, 2020, District Judge Jarod Hofacket sentenced Lobato-Rodriguez to 15 years in prison, the maximum sentence for second-degree murder in New Mexico.
Lobato-Rodriguez is appealing his conviction and a notice of appeal was filed on Nov. 23, 2020. He is being represented by the appellate division of the Law Office of the Public Defender.
An improper comment by prosecutor Matthew Bradburn, during opening statement over Lobato-Rodriguez asserting his right to remain silent, citing the 2007 case State v. Rodriguez.
A failure to correct an improper translation in which Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
The denial of a previous motion to suppress, previously denied twice by the judge.
Hofacket denied that motion to reconsider, noting that he had previously been asked to consider each of the motions individually and previously denied all three.
The judge took issue with assertion by Harrison that Lobato-Rodriguez used the phrase “be dead that day.” He wrote:
“The interpreter informed the Court that she had heard the Defendant say something along the lines of ‘because you’ll be dead’ in reference to why he would not see the mountain again. She stated that she did not understand what he said and asked him to repeat his response. When he repeated his response, he did not make that statement.
In reviewing the Defendant’s trial testimony, this interaction did not occur. The Court is at a loss to explain why the court appointed interpreter would assert that it did. All of the testimony regarding the mountain, on direct and on cross is transcribed (unofficially from the audio recording) above.”
Hofacket wrote that the blame appears to fall with Harrison, when the interpreter was questioned by the judge and the two attorneys. He wrote:
“Defense counsel stated that it was his understanding that the victim said ‘you’re going to be dead.’ Only then did the interpreter change her testimony from the direct response to the Court’s question and said that she did hear the Defendant say something along the lines that he was going to be dead, but that he mumbled, so she asked for the Defendant to repeat himself.
This did not occur and the interpreter’s recollection of the trial testimony is incorrect.”
• A jury found Isaias Lobato-Rodriguez guilty of second-degree murder • His attorney wants a mistrial for three issues, including a lack of a self defense instruction
DEMING, N.M. — A Florida man is asking for a mistrial, after a jury found him guilty of second-degree murder for the strangling death of a woman outside Hachita in 2017.
The jury foundIsaias Lobato-Rodriguez guilty of second-degree murder on Aug. 20, 2020, following a four-day trial and a single hour of jury deliberation, according to logs of the trial.
• An improper comment by prosecutor Matthew Bradburn, during opening statement over Lobato-Rodriguez asserting his right to remain silent, citing the 2007 case State v. Rodriguez.
• A failure to correct an improper translation in which Lobato-Rodriguez mumbled that he thought the victim told him he would “be dead that day.”
• The denial of a previous motion to suppress, previously denied twice by the judge.
A hearing on the motion to reconsider is set for 10 a.m., Oct. 26, 2020, along with his sentencing hearing.
On March 17, 2017, Isaias Lobato-Rodriguez, of Florida, allegedly tied a belt around Connie Lopez’s neck, strangling her in the front seat of her rented mini-van, two miles east of Hachita in Grant County, according to a statement of probable cause.
He allegedly told two Border Patrol agents, one of whom found Lopez’s body, that she was going to kill him and his family and that he was with other people in a berm in the desert. The agents could find neither footprints nor signs of anyone else.
Harrison wrote in this motion that telling the jury that Lobato-Rodriguez asserted his right to remain silent was not a harmless error. Specifically, Bradburn said:
“Agent (Moises) Mascorro then went to the Deming State Police office which is where Mr. Lobato Rodriguez has been taken from the scene. He got brought back from there to Deming and he wasn’t free to leave, and he he he was the suspect I mean, that’s it, and so, Mr. Agent Mascorro did engage in conversation with Mr. Lobato Rodriguez and Mr. Lobato Rodriguez asserted his right to remain silent.”
The prohibition on mentioning a defendant asserting his right to remain silent has existed since the Miranda rights were established and is “well known to all attorneys,” Harrison wrote.
“There is no reason to mention exercising Miranda rights in opening statement other than to prejudice the defendant,” he wrote.
After Bradburn made the statement, Harrison moved for a mistrial, which the judge denied.
In a response to the motion to reconsider, Bradburn wrote that the judge “fully considered” the objection and request for a mistrial and evaluated it according to another 2007 case, State v. Pacheco, and the judge offered a “curative instruction” which Harrison objected.
“The Court fully considered this issue on more than one occasion during trial and made its ruling,” Bradburn wrote. “There is nothing asserted by the defendant in his Motion to Reconsider to justify the Court reversing its trial ruling.”
Translation error
Harrison wrote that Lobato-Rodriguez said the victim, Connie Lopez, told him “he would be dead that day.” The interpreter did not translate the phrase during the “case in chief” and the statement was “essential to the defense theory of the case.”
“The interpreter did interpret other statements of the defendant which had much different meaning without that statement. Counsel for the defendant told the Court that some statements were not being interpreted but could not tell the substance. The defendant had no way to know his statement was not translated for the jury,” Harrison wrote.
Interpreter Heidi Swanson tried to clarify the problem later, outside of the presence of the jury. Harrison wrote, from the tapes of the trial:
“-Heidi Swanson interpreter: The interpreter needs to clarify statement of earlier what have done I was interpreting for Mr. Lobato he was asked am about and when he was going to go with Mrs. Connie, Ms. Connie; and about the mountains and I don’t remember know exactly what the whole statement that was asked, but he said that he was going to go and that she asked him to look to the right to see that beautiful or the pretty mountains and because he was never going to see it again and then at that point he said mumbled something and the interpreter I asked for repetition he was asked for repetition but he did not repeat the same statement so interpreter I just interpreted what he had said which he did not repeat the part which where she said that he was not going to see the mountains anymore because he was going to be dead and so that part was not repeated for Mr. Lobato and so the interpreter did not repeat that part.”
Bradburn said in closing statements that Lobato-Rodriguez did not say Lopez posed a threat, Harrison wrote.
“The State conceded that the omitted testimony would change the course of the trial during argument to correct the interpretation,” Harrison wrote.
Judge Jarod Hofacket also denied a a self defense jury instruction, Harrison wrote.
Bradburn wrote in response that Hofacket found Lobato-Rodriguez “had a full and fair opportunity to testify on cross examination” and on re-direct.
“Whatever the claimed shortcomings of the court interpreter, the defendant and his attorney had a complete opportunity to communicate the defendant’s version of events to the jury,” Bradburn wrote. “Noteworthy in this connection, the defendant only articulated this claim to the Court after the close of all evidence in the case. ”
Motion to suppress
Harrison also raised a previous motion to suppress that had been twice denied before, where he argued that Lobato-Rodriguez was in custody when he was questioned by U.S. Border Patrol agents.
“This is a Mexican National who came to a Border Patrol Agent and admitted he was here illegally. He was not free to go. He was ordered to sit on the ground. At trial the Court learned that the statements made to the first officer were not I killed her but an untranslatable phrase. Further questioning after being detained by border Patrol should be suppressed. When mirandized he requested an attorney,” Harrison wrote.
Bradburn wrote in response that the judge “should decline the defendant’s invitation to second guess itself” and the motion presented no new issues.
• A Court of Appeals judge suggested the appeal be dismissed as Scott Bachicha does not face a double jeopardy violation • Judge Brett Loveless stayed the case pending the appeal
• The case has been going on for over three years and was initially dismissed after a prosecutor missed deadlines
ALBUQUERQUE, N.M. — The Court of Appeals filed a proposed disposition that Scott Wade Bachicha’s right against double jeopardy would not be violated if prosecutors moved forward with a firearms enhancement in the involuntary manslaughter case against him.
Scott Bachicha
In a proposed summary disposition filed on Sept. 10, 2020, Court of Appeals Judge Miles Hanisee wrote that the New Mexico Supreme Court rejected the basis of the double jeopardy claim Ramczyk used in State v Baroz, where the supreme court found that a firearms enhancement did not violate double jeopardy even though the use of a firearm is an element of the charge.
“Given the holding in Baroz, we propose that the firearm enhancement in this case does not violate double jeopardy,” Hanisee wrote. “Accordingly, we propose to reverse the district court’s order dismissing the firearm enhancement.”
According to a flow chart provided by the Court of Appeals, Bachicha’s attorney has 20 days to file a memo in response. The court could then issue another notice or issue an opinion. Once an opinion is issued, his attorney could file a motion for a rehearing.
After Second Judicial District prosecutor John Duran missed a series of deadlines, he dismissed the case without prejudice on Feb. 12, 2018 and then brought a new indictment on charges of involuntary manslaughter with a firearm enhancement and tampering with evidence, on Dec. 4, 2018. He left the case after Bachicha’s attorney tried to call him as a witness.
Among the motions that are now stayed pending the appeal is a speedy trial motion Maestas filed on Jan. 10, 2020.
“In this case, the nearly three-year delay from Mr. Bachicha’s arrest on April 16, 2017 and charging to the present trial setting of March 26, 2020 (total: 1,066 days) is simply unconstitutional,” he wrote.
• Prosecutor Brian Decker dismissed murder case two weeks after a judge ordered one of Anthony Wagon‘s interrogations be suppressed • A judge suppressed Det. Jason Solomon‘s interrogation, where Wagon allegedly admitted to running down Jeremy Beard
• Wagon spent over three years in jail after initially being released on bond
AZTEC, N.M. — A prosecutor dismissed the murder case against Anthony Wagon, 23, three weeks after a judge suppressed Wagon’s interrogation by a Farmington detective, and three years after a judge ordered him held without bail pending trial.
Anthony Wagon
San Juan County District Attorney’s Office prosecutor Brian Decker filed the nolle prosequi dismissing the case on June 23, 2020, after District Court Judge Daylene Marsh suppressed Farmington Det. Jason Solomon‘s interrogation of Wagon following Jeremy Beard’s death on April 24, 2017.
Marsh wrote, in her order suppressing his statements to Solomon, that he was never read his rights. His attorney, Craig Acorn, also made the argument that Wagon was too drunk to consent to an interrogation, but her decision made his intoxication a moot point.
“The inadequacy of the advisement of rights requires the exclusion from use at trial of Defendant’s statement to Detective Solomon and whether Defendant knowingly and intelligently waived his rights has become moot,” Marsh wrote.
Marsh cited State v Serna, a Court of Appeals case from 2018. In that case, the Appeals Court found that a Miranda warning requires “that a person be warned, at least implicitly, that they have a right to counsel prior to questioning.” In the case of Ernest Serna, Sandoval Sheriff’s Deputy Sal Tortorici, reciting a Miranda warning from memory, told Serna he had a right to an attorney during questioning. The court found this to be “inadequate.”
On June 4, 2020, Decker filed a motion to dismiss his appeal and for Marsh to reconsider her suppression order.
He wrote that Stanton read Wagon the correct Miranda warning and that, when he testified during a motion hearing, it was from memory and not the card he carried. Marsh granted his motion and set a hearing for July 7, 2020.
Prosecutor Dustin O’Brien told the Farmington Daily Times that “the district court followed what is mandated by state law and the Farmington Police Department was issuing Miranda warnings consistent with law at the time.”
Police Spokeswoman Nicole Brown told the Daily Times that the case was “dismissed pending further investigation” following Marsh’s ruling and that the police department “is still pursuing and investigating the incident.”
Wagon was initially released on a bond following his arraignment in magistrate court but after the case was bound over, former district judge John Dean ordered Wagon held without bail on May 26, 2017.
“Based on the testimony of Tina Wagon, Defendant’s step-mother, Mr. Wagon has a history of anger issues than can cumulate (sic) in aggression and violence — particularly when Defendant does not get his way,” Dean wrote. “In fact, Ms. Wagon testified that Mr. Wagon one time became so upset he shoved her and caused her to fall.”
Dean wrote that Wagon “fled through a non-direct path” to his parent’s home on the reservation, that that he was “indifferent to the consequences of his actions” and that Wagon was a danger to the community.
A civil case filed by Beard’s father is still pending as is a battery on a peace officer case stemming from Wagon’s three years in jail.
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SILVER CITY, N.M. — A Florida man is set to go to trial on a charge of murder in August, assuming he does not take a plea deal during a pre-trial video conference set for July 27, 2020.
Lobato-Rodriguez’s murder trial had previously been set back after his attorney left the case to take a job with the state and after issues with an expert interpreter. He was initially interrogated by Border Patrol agents in Spanish, the subject of a motion to suppress.
His trial had previously been set for Oct. 7, 2019, a date that was vacated after his new attorney, Chico Gallegos, filed a motion to continue the jury trial. He wrote that it “became clear” that he needed to hire an expert witness to translate what was said in English, and in Spanish, for the various communications between border patrol agents and Lobato-Rodriguez.
On June 5, 2020, the court clerk entered an amended notice of a pre-trial conference and plea hearing set for 1 p.m., July 27, 2020, done via video conference. The hearing is set for 15 minutes.
It is not clear from the court documents and filings if Lobato-Rodriguez plans to plead guilty or if it is a perfunctory hearing before the trial. The hearing is set for 15 minutes.
According to the docket, most of the previous pre-trial conferences have also been labeled as plea hearings.
FARMINGTON, N.M. — The father of Jeremy Beard, allegedly intentionally run over in 2017, is suing the accused killer and his insurance company for his son’s death.
Anthony Wagon
Christian Beard filed the lawsuit in Farmington District Court on April 24, 2020, naming accused killer Anthony Wagon, 23, relatives Hershell Wagon and Tina Wagon and insurance companies MGA Insurance Company and Gainsco Insurance Company.
Anthony Wagon allegedly ran down Jeremy Beard, 29, on April 26, 2017 with his truck, after Jeremy Beard took him down during a scuffle following accusations over a stolen beer. Jeremy Beard was his aunt’s husband.
Christian Beard’s attorney, William Jaworski, wrote in the lawsuit that MGA and Gainsco insured the truck allegedly used to run over Jeremy Beard, and the three Wagons paid the insurance premiums.
When Anthony Wagon allegedly ran down Jeremy Beard, he operated the car in a “negligent and reckless manner,” Jaworski wrote.
“The car accident that killed Jeremy Beard was foreseeable,” he wrote. “The car accident was a proximate cause of Jeremy Beard’s death.”
He is asking for reasonable damages, compensatory damages for the loss of consortium, for the enhanced injury of death and punitive damages, according to the lawsuit.
