Plea

Cuba man receives 4-year sentence for beating roommate to death with a baseball bat

Wheeler Cowperthwaite
  • Kimsey Barboan beat his roommate with a baseball bat and left him to die
  • The binding plea deal set his sentence at 4 years and he must serve 85 percent
  • Barboan already served 1.5 years while awaiting trial

See the full case summary

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.

District Court Judge Louis McDonald accepted the plea deal, signed by prosecutor Amy Lopez Dooling, which set Barboan’s sentence at four years followed by three-and-a-half years of supervised probation. McDonald sentenced Barboan the same day, according to the provisions of the plea deal.

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.

Continue reading “Cuba man receives 4-year sentence for beating roommate to death with a baseball bat” →

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

Wheeler Cowperthwaite
  • Prosecutor David Cowen’s binding plea deal mandates a 15-year sentence for Zachariah Joe
  • The magistrate judge deferred acceptance of the plea until the “final disposition hearing”
  • No sentencing hearing has been set

See the full case summary

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

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

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

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

The plea deal, signed off on by federal prosecutor David Cowen, states Joe would only receive a 15-year sentence, although any time spent on supervised release after serving a prison sentence would be up to the sentencing judge.

According to the minutes from the plea hearing, Magistrate Judge Kirtan Khalsa accepted the plea but deferred final acceptance to the “final disposition hearing” in front of a district court judge.

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

Andrew Magill sentenced to 45 years for nearly decapitating woman during drug-induced psychosis

Wheeler Cowperthwaite
  • Andrew Magill received a 45-year sentence, after facing a maximum of 51 years

See the full case here

CARRIZOZO, N.M. — A District Court judge sentenced Andrew Magill to 45 years in prison followed by five years of supervised probation, Sept. 6, 2019, for nearly decapitating a woman at a Glencoe ranch in April 2017 and shooting a Lincoln County Sheriff’s deputy after trying to turn himself in to police.

Andrew Magill

Magill had previously pleaded guilty on May 22, 2019, to charges of second-degree murder, two counts of assault with intent to commit a violent felony against an officer and felon in possession of a firearm. District Court Judge Daniel Bryant accepted his plea and entered the sentence. He suspended six years of his sentence and if he violates his probation after being released, he could be sentenced to the remaining six years.

According to the plea deal, Magill faced a maximum sentence of 51 years after he agreed that aggravating circumstances were present, which increased his maximum sentence by 1/3.

According to the Ruidoso News, a psychiatrist hired by prosecutors found Magill killed Mary Ann Moorehouse during a “drug-induced psychosis.” Sugg said during a press conference, after the plea hearing, that the psychiatrist was paid $100,000.

Continue reading “Andrew Magill sentenced to 45 years for nearly decapitating woman during drug-induced psychosis” →

Thomas Goodridge sentenced to 8 years for killing wife

Wheeler Cowperthwaite
  • Sentence was the maximum allowed under a plea deal

See the full case here

BERNALILLO, N.M. — On July 30, 2019, District Court Judge Louis P. McDonald sentenced Thomas Goodridge, 74, to eight years in prison for killing his wife with a rock on April 22, 2017, according to court documents.

Thomas Goodridge

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.

Continue reading “Thomas Goodridge sentenced to 8 years for killing wife” →

Paulo Vega-Mendoza pleads to vehicular homicide with no agreement to sentence

Wheeler Cowperthwaite

See the full case write-up here

SANTA FE, N.M. — Paulo Vega-Mendoza, of Santa Fe, will spend up to 15 years in prison after he pleaded guilty, April 29, to a single count of DWI vehicular homicide for a drunken crash that killed motorcyclist Paul Padilla, 63.

Paulo Vega-Mendoza

According to the plea deal, prosecutors agreed to drop the other charge he was facing, leaving the scene of an accident causing great bodily harm or death. However, there is no agreement on a sentence, which means District Court Judge T. Glenn Ellington could sentence him to the maximum: 15 years.

Ellington set the sentencing hearing for Sept. 27, 2019.

Vega-Mendoza ran into the back of Padilla’s motorcycle, April 15, 2017, on Airport Road in Santa Fe. He fled from the scene and then crashed his own car, a Dodge Neon. It landed on its hood.

Witnesses, and then officers, allegedly chased Vega-Mendoza on foot before he tried to climb and fence and it broke, throwing him backward.

Padilla died from extensive brain injuries on April 25, 2017.

For more details, please see the summary of the case.

Continue reading “Paulo Vega-Mendoza pleads to vehicular homicide with no agreement to sentence” →

Christopher Pino sentenced to 3 1/2 years following voluntary manslaughter plea

Wheeler Cowperthwaite

The summary of the case

Christopher Pino

ALBUQUERQUE, N.M. — In June 2018, Christopher Pino pleaded no contest to voluntary manslaughter with a sentence capped at six years.

In August 2018, District Court Judge Cristina Jaramillo sentenced Pino to 3 1/2 years, according to the Albuquerque Journal.

According to police reports, Pino ran down homeless man Daniel Arballo, whom Pino saw with a pair of speakers. He also ran down Arballo’s friend, Billy Harper.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

For more on the case, please see the case summary.

Continue reading “Christopher Pino sentenced to 3 1/2 years following voluntary manslaughter plea” →

Taylor James Enriquez receives 19 1/2 years for killing Alberto Nunez after guilty plea

Wheeler Cowperthwaite

See the full case here

LAS CRUCES, N.M. — District Court Judge Douglas Driggers sentenced Taylor James Enriquez to 19 1/2 years, July 6, 2018, the maximum sentence after he pleaded guilty, April 10, 2018, to charges of second-degree murder, false imprisonment and aggravated battery causing great bodily harm. Driggers’ sentence was the maximum under the plea deal.

Enriquez stabbed Alberto Nunez in the neck with a broken bottle, killing him, on Feb. 26, 2017, according to court documents.

Taylor Enriquez

He also attacked Manuel Lopez Polanco, who had injuries to his face. The attack on Lopez Polanco was the basis of the aggravated battery charge.

According to the plea agreement, signed by prosecutor Rebecca Duffin, Enriquez was going to face a maximum sentence of 19 1/2 years in prison and that the sentences for each crime would run consecutively, or one after another. His defense attorney, James Baiamonte, agreed that he would argue for a minimum sentence of 15 years followed by five years of supervised probation while prosecutors would argue for 19 1/2 years.

On July 9, 2018, Driggers sentenced Enriquez to the maximum allowed, 19 1/2 years. Although second-degree murder carries a maximum sentence of 15 years, Enriquez was also sentenced to the maximum sentences on the charges of false imprisonment and aggravated battery.

Continue reading “Taylor James Enriquez receives 19 1/2 years for killing Alberto Nunez after guilty plea” →

Ryan Garcia’s parole revoked after serving 7-year sentence for killing his grandmother

Wheeler Cowperthwaite

See the summary of the case here

ALBUQUERQUE, N.M. — According to notice of a probation violation, Ryan Garcia was paroled on May 18, 2017 and released from prison after serving his seven-year sentence. After a month at a facility called Hoffman Hall, he moved in with his mother, after being “discharged” from the program, because he could not afford the rent.

Las Vegas, NM. Photo by Greg Gjerdingen/Flickr

On July 7, 2017, a Bernalillo County Sheriff’s deputy arrested Garcia after a woman reported him behind her house and allegedly threatening the woman. He was arrested for concealing his identity and assault. The deputies used one of his tattoos and his ankle monitor to identify him.

Garcia also allegedly failed to contact the drug test line every weekday after his arrest. However, between his release and arrest, he only called the line three times.

On Aug. 15, 2017, prosecutor Thomas Clayton filed a motion to revoke Garcia’s probation and on Sept. 15, 2017, he filed another motion to withdraw it and wrote that Garcia’s parole was revoked.

Do you have information about this case? NM Homicide needs your assistance. Please fill out this form.

For more on this case, please see the entire write up.

Continue reading “Ryan Garcia’s parole revoked after serving 7-year sentence for killing his grandmother” →

Dennis Lovato sentenced to 12 years for killing man on the Kewa Pueblo

Wheeler Cowperthwaite

The summary of the case

ALBUQUERQUE, N.M. — On Oct. 24, 2013, Dennis Lovato pleaded guilty to second-degree murder for beating Joseph Melvin Lucero to death outside Lucero’s home.

Historic Kewa/Santo Domingo Indian Trading Post. Photo by Killbox/Flickr. CC BY-NC

In the binding plea, proffered by federal prosecutor Mark Baker and accepted by Federal Magistrate Judge Steven Yarbrough, Lovato received a 12-year sentence followed by five years of supervised release.

In his sentencing memorandum, Lovato’s attorney, John Moon Samore asked the judge to accept the plea and described the victim as a 61-year-old alcoholic bent on hurting Lovato.

“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.”

Baker wrote his own sentencing memorandum, asking the judge to accept the plea.

Continue reading “Dennis Lovato sentenced to 12 years for killing man on the Kewa Pueblo” →