• Judge William Johnson moved the sentencing hearing for Troy Livingston twice, once to August, and now September, without giving a reason
• Livingston pleaded guilty to second-degree murder for beating to death Tyler Lamebear, his girlfriend
ALBUQUERQUE, N.M. — The families of the 19-year-old woman whom Troy Livingston beat to death will have to wait until Sept. 9, 2021 at the earliest to see him sentenced for her brutal death.
Livingston’s sentencing was initially set for Nov. 12, 2020, but was then moved repeatedly. His defense attorney, Theresa Duncan, last asked on April 26, 2021, that his sentencing hearing, set for May 17, 2021 at the time, be moved for three weeks because she was unable to “collect substantial information” relevant to sentencing, she could call witnesses and she wasn’t able to get any of that done during the pandemic.
Complicating matters was that most of the witnesses, like Livingston, live on the Navajo Nation, particularly hard hit by the pandemic.
Judge William Johnson granted Duncan’s request, moving Livingston’s sentencing to July 19. On June 17, he moved the sentencing hearing again, this time to Aug. 23, including the deadlines. He gave no reasoning, according to the docket.
According to the plea, Livingston admitted to beating Lamebear with his hands, feet and a metal flashlight causing severe head, face and body injuries.
Although Magistrate Judge Laura Fashing took the plea, she deferred final acceptance until the sentencing hearing in front of Johnson.
• Judge William Johnson moved the sentencing because he has an “extended unavailability” • Nine previous sentencing hearings have been vacated and Co-defendant Andrew Bettelyoun still hasn’t been sentenced • Quintana pleaded guilty in January 2020 to second-degree murder
DULCE, N.M. — Over a year and a half after he pleaded guilty to second-degree murder for torturing his cousin and then leaving him in a closet to die, Allister Quintana still has not been sentenced and won’t be until Sept. 2, 2021, at the earliest, although his case could be delayed further.
Allister Quintana
Although Quintana’s attorney, Ray Twohig has filed seven previous motions to extend deadlines in the case, it is the “extended unavailability” of Judge William Johnson that is responsible for the latest delay.
At Twohig’s request, Johnson previously pushed sentencing to June 25, 2021, but on May 26, he put a notice on the docket extending the deadlines further. Twohig has until Aug. 5, to file a sentencing memorandum and prosecutor Joseph Spindle has until Aug. 19 to respond.
Because of his “extended unavailability,” he reset the sentencing hearing to Sept. 2, 2021, at 11 a.m. in the Cimarron Courtroom. It is not clear if any of the hearing will be available virtually.
Twohig’s previous motions to extend the deadlines have been due to reports by a psychologist being delayed and complicated communication with his client over Zoom, and with the psychologist, a result of the pandemic.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records. (Details are in the case write-up.)
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced and he does not appear to be in the custody of the federal Bureau of Prisons.
• Harrison Daviskilled his grandson while driving drunk with him on his all-terrain vehicle
• The crash happened on July 1, 2018 in a “remote area” outside Gallup • The binding plea deal puts his sentence at five to eight years
DATELINE — A Gallup man will receive a sentence of five to eight years for killing his grandson in a drunk driving crash, assuming a sentencing judge signs off on his plea deal with prosecutors.
The binding plea deal, signed on April 9, 2021, but not submitted to the court until May 10, sets his sentence at five to eight years. The maximum sentence for involuntary manslaughter is eight years. Prosecutor Frederick Mendenhall signed the plea deal.
The minutes sheet does not list what the conditions are. The order releasing him states he can only travel in New Mexico, he can talk to his family but not about the case, he may not use alcohol and he must participate in any outpatient programs ordered by pretrial services. Federal District Court Judge Karen Molzen ordered him released to the custody of his wife, Juanita Davis, and allowed to live in their home near Gallup, according to a minute sheet.
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• Felix Curtis faces a maximum sentence of 8 years for killing motorcyclist Brian Brown, also known as Brian Bob Brown, while drunk • Curtis pleaded guilty without a plea deal • Brown and Curtis were both drunk at the time of the crash
FRUITLAND, N.M. —Felix Curtis pleaded guilty, May 14, 2021, virtually in federal court to one count of involuntary manslaughter for drunkenly killing motorcyclist Brian Brown, 39, while drunk in 2019.
Curtis, 26, of Fruitland, pleaded guilty to the Sept. 14, 2019 killing, without a plea agreement, according to minutes from the plea hearing.
Federal Magistrate Judge Paul Briones accepted the plea but deferred final acceptance until sentencing in front of a district court judge.
As part of the guilty plea proceedings, federal prosecutor David Cowen filed a proffer of evidence at trial, the first document outlining what happened to Brown, of Fruitland.
“At the moment Defendant made a left turn towards Canal Road, he crossed into the opposing traffic lane and directly in the travel path of John Doe,” Cowen wrote. “John Doe’s motorcycle collided with the passenger side rear-end of the vehicle that Defendant was driving. The impact of the collision killed John Doe and caused multiple blunt force injuries”
Curtis consented to field sobriety tests. He performed poorly, admitted to drinking alcohol and submitted to a breath test that showed his blood-alcohol content to be between 0.12 and 0.11, Cowen wrote.
The legal-per-se limit in New Mexico is 0.08.
No other court documents list no other details of the case and, if a search warrant in the case was sought, it appears to still be sealed, based on a review of federal search warrants in the weeks following the incident.
Cowen sought a direct indictment, never charging Curtis in magistrate court. On Aug. 11, 2020, 11 months after Brown’s death, a federal grand jury indicted him on a single charge of involuntary manslaughter.
Brown is referred to as John Doe in court records but he is named in his obituary, which contains no other information about him.
Federal Magistrate Judge Gregory Fouratt ordered Curtis released to the La Pasada Halfway House in Albuquerque during his arraignment on Sept. 23, 2020, according to court minutes, and ordered an unsecured $10,000 bond. The docket does not indicate when Curtis was arrested, although the case was not unsealed, and an initial appearance set, until Sept. 17, 2020. No warrants appear in the docket.
Pathologist Karen Cline-Parhamovich wrote in the autopsy report that Brown suffered “lethal traumatic injuries” that caused bleeding in his chest and within the sac that surrounds the heart, along with multiple fractures to the ribs, upper arm bones, and legs.
“The cause of death is multiple blunt force injuries,” she wrote.
Although no court records indicate Brown was at fault for the crash, Brown was drunk, with a blood-alcohol level of 0.21, according to the toxicology report.
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• 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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• The sentencing was moved after Allister Quintana‘s attorney filed his seventh motion to extend deadlines
• Quintana pleaded guilty in January 2020 to second-degree murder
• Previous sentencing hearings had been set for had been set for, in 2020, April, June, July, August, October, and in 2021, January, February, March, and April. • Co-defendant Andrew Bettelyoun still hasn’t been sentenced
DULCE, N.M. — Allister Quintana’s sentencing for the second-degree murder of his cousin in 2018 has been put off again, this time until June 25, 2021, after his attorney filed his seventh unopposed motion to extend deadlines.
Allister Quintana
Quintana’s attorney, Ray Twohig, wrote in a motion to extend the deadlines to file a sentencing memorandum on March 29, 2021, that his talks with his client “have yielded further information which has required that counsel seek additional research, investigation and expert assistance.”
Twohig wrote that previous requests to push out sentencing were partially a result of reports being delayed and complicated communication with his client over Zoom, a result of the pandemic.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records. (Details are in the case write-up.)
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced and he does not appear to be in the custody of the federal Bureau of Prisons.
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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.
• Eric Garcia said he stabbed R.L. repeatedly with a knife during an interrogation
• His attorney wrote he has the mindset and cognitive ability of a 5-year-old child
• FBI Agent Mark Spencer made no mention of Garcia’s diminished mental capacity when describing his interrogation
SMITH LAKE, N.M. — A Smith Lake man’s murder case is on pause after his attorney raised competency and wrote his client has the cognitive ability of a 5-year-old child.
One day after Garcia’s initial appearance on March 15, 2021, and Magistrate Judge Jerry Ritter ordered him held without bail pending a detention hearing, his attorney, Lucas Babycos, filed a motion for Garcia to be evaluated for his competency.
“Counsel has reason to believe that the defendant has been formally diagnosed with a severe form of intellectual disability,” Babycos wrote.
He wrote that Garcia has the mindset and cognitive abilities of a 5-year-old child and that he cannot effectively consult with him, nor can Garcia assist in his own defense.
“Defendant has no concept of what is occurring, or the magnitude of the allegations brought forward against him,” Babycos wrote.
Babycos and prosecutor Allison Jaros agreed to a competency evaluation by Julie Brovko or that he be sent to the Bureau of Prisons for an evaluation, he wrote.
The next day, March 17, Fashing held a hearing on the case and Babycos told her he had “concerns” with Garcia remaining “at facility,” according to the minutes. Fashing ordered the case be stayed until the competency evaluation is complete.
No further court hearings are set.
The stabbing
Garcia stabbed R.L. repeatedly with a knife on March 9 after being told to leave R.L.’s house, after R.L. grabbed him.
Navajo Police Department officers initially received a call at 12:44 a.m., March 9, 2021. for a person laying on the floor of a house in Smith Lake, bleeding, Spencer wrote in an affidavit for a criminal complaint.
When officers arrived, they found R.L., YOB 1957, bleeding from the chest, abdomen and neck. Paramedics declared him dead 35 minutes later, at 1:19 a.m, Spencer wrote.
Long Canyon on the east side of NM Hwy. 371, southeast of Crownpoint, 35.6217 -108.1003, McKinley County, New Mexico, 18 May 2014. Photo by Patrick Alexander/Flickr.
A woman identified by the initials P.E., and referred to as Witness 1, told investigators she, R.L. and Garcia had been drinking inside the house. R.L. asked Garcia to leave “and a conflict happened.” Garcia had a knife and stabbed John Doe. P.E. ran outside, ran into another woman identified as M.L. and told her to call the police, he wrote.
M.L. told investigators she heard noises and went outside. P.E. told her to call the police. She went to the house and saw Garcia standing over R.L., left, told another family member what happened and then called the police, Spencer wrote.
Navajo police learned that Garcia lived a half-mile away, across the main road and knocked on his door, he wrote.
“GARCIA opened the door and had what appeared to be blood his hands, pants, and boots,” Spencer wrote. “GARCIA was taken into custody by NPD.”
FBI agents contacted a magistrate judge for an oral search warrant and found a bloody knife in a search of his house, he wrote.
FBI and Navajo Nation Police officers interrogated Garcia at the Crownpoint Police Department after Garcia waived his Miranda rights, Spencer wrote.
Spencer made no mention in his affidavit if it seems like Garcia has any cognitive issues, or the mindset of a 5-year-old child.
Defendants must “knowingly and intelligently” waive their Miranda rights, including the rights to remain silent and right to counsel.
Spencer wrote that Garcia said he was drinking with R.L. and P.E. outside by the trees, and then moved into the house. Garcia helped to make dinner and R.L. gave him a knife to peel the potatoes. At some point, R.L. told him to leave and Garcia did not want to, he continued to tell him to leave and they started yelling at each other.
“John Doe grabbed GARCIA’s arms and tried to get him out of the house,” Spencer wrote. “GARCIA had the knife from peeling the potatoes in his pocket and pulled it out and stabbed John Doe in the chest area. The next stab was to the neck and then continued stabbing John Doe in the chest and back. GARCIA left and went home.”
• 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.
• Tavor Tom‘s sentencing is set, virtually, for 2 p.m., April 7
• The defense wants seven years while the prosecution wants 17.5
• Judge William Johnson has total sentencing discretion, up to life
SHIPROCK, N.M. — Tavor Tom is asking a judge to sentence him to seven years for stabbing his aunt 75 times at her Shiprock home, including twice through the skull, while federal prosecutors are asking for 17 years.
Tom’s attorney, James Loonam, wrote in a sentencing memorandum that Tom should be sentenced to seven years, half of his calculated sentence guideline of 14 to 17.5 years. Second-degree murder carries a maximum sentence of life.
Loonam wrote that Tom’s age at the time, 18, was one reason, and that Tom, high on and addicted to dextromethorphan, also known as Mucinex, was “operating under diminished capacity” when he stabbed his aunt to death. That he killed a family member, and “will face consequences of loss of part of his family for the rest of his life,” was the third reason for giving Tom a sentence below the guidelines. Tom had been addicted to the drug since he was 14.
“Tavor knows that his actions have caused everyone he loves and cares about almost unbearable pain,” he wrote.
“Each hospitalization indicates that Tavor exhibited signs of chronic depression,” he wrote.
Loonam wrote that Tom’s actions were “a product of that (drug) abuse and addiction.”
Prosecutor Joseph Spindle wrote in his own sentencing memorandum that Johnson should sentence Tom to the high end of the sentencing guideline calculated by the U.S. Probation Office, 17.5 years.
Spindle wrote that Tom went to Clyde’s house to steal her car.
“However, once he was inside her house, the attempted theft became infinitely worse,” he wrote. “Before stealing her car, Defendant decided to stab his aunt seventy-five times in the face, back, abdomen, arms, hands and neck. She died of blood loss on the floor of her bedroom, alone and suffering.”
Among the reasons for a sentencing at the top of the guideline was how “senseless and brutal” it was.
“The stabbing was so frenzied, two of the stab wounds penetrated her skull,” Spindle wrote. “She died of blood loss. This level of brutality far exceeds what would have been necessary to effectuate a murder.”
While Tom is young and experienced traumatic events, his drug use contributed to them and he seems disinterested in curbing his use, he wrote. Spindle wrote:
“According to Defendant, treatment “takes up too much time.” (Doc. 38, ¶ 60). This level of apathy to his drug use, even after multiple overdoses and the murder of a loved-one, indicates that he is not interested in changing his life. Therefore, even if the brutal murder of his aunt can be partially attributed to Defendant’s drug use, the fact that he does not intend curtail his drug use indicates he will remain a public safety risk.”
At 10 a.m., July 2, 2019, Clyde was found dead in her house by her father. Sometime during that same morning, Tavor Tom was found in her Jeep Cherokee, after he crashed into a fence in front of a church in Nenahnezad. Navajo Nation police officers found a bloody knife in the car, FBI Agent Cary Cahoon wrote in an affidavit for an arrest warrant.
During an interrogation, Tom told FBI agents he killed Clyde with a folding knife he took from his father’s vehicle. He intended to go to her house to steal her car so he could drive it to Farmington to steal Mucinex. After he stole it from the store, he drove on the back roads toward Shiprock and he crashed the vehicle into the fence. He was found in it the next morning, Cahoon wrote.
Pathologist Ross Zumwalt wrote in the autopsy report that Clyde suffered a total of 75 separate “sharp force injuries,” meaning stab wounds and incised, or slashing, wounds.
“Two of the stab wounds of the back of the head penetrated the skull resulting in bleeding around the brain,” Zumwalt wrote.
Clyde also has four stab wounds in her chest and one in her abdomen, which penetrated her stomach. She also has cutting wounds on her hands, which Zumwalt classified as probable defensive wounds.
“Death was a result of the blood loss caused by the multiple wounds,” Zumwalt wrote.
On March 9, 2021, after being asked to leave the house of neighbor R.L. in Smith Lake, and then grabbed by R.L., Eric Garcia grabbed a knife R.L. gave him to peel potatoes and stabbed him repeatedly in the chest and neck, FBI Agent Mark Spencer wrote in an affidavit for a criminal complaint.
The case has been stayed after Garcia’s attorney raised competency and wrote that Garcia has an extreme intellectual disability and the mindset and cognitive ability of a 5-year-old child. Garcia is being held without bail.
The incident
Navajo Police Department officers initially received a call at 12:44 a.m., March 9, 2021. for a person laying on the floor of a house in Smith Lake, bleeding, FBI Agent Mark Spencer wrote in an affidavit for a criminal complaint.
When officers arrived, they found R.L., YOB 1957, bleeding from the chest, abdomen and neck. Paramedics declared him dead 35 minutes later, at 1:19 a.m, Spencer wrote.
Long Canyon on the east side of NM Hwy. 371, southeast of Crownpoint, 35.6217 -108.1003, McKinley County, New Mexico, 18 May 2014. Photo by Patrick Alexander/Flickr.
A woman identified by the initials P.E., and referred to as Witness 1, told investigators she, R.L. and Eric Garcia, 40, had been drinking inside the house. R.L. asked Garcia to leave “and a conflict happened.” Garcia had a knife and stabbed John Doe. P.E. ran outside, ran into another woman identified as M.L. and told her to call the police, he wrote.
M.L. told investigators she heard noises and went outside. P.E. told her to call the police. She went to the house and saw Garcia standing over R.L., left, told another family member what happened and then called the police, Spencer wrote.
Navajo police learned that Garcia lived a half-mile away, across the main road and knocked on his door, he wrote.
“GARCIA opened the door and had what appeared to be blood his hands, pants, and boots,” Spencer wrote. “GARCIA was taken into custody by NPD.”
FBI agents contacted a magistrate judge for an oral search warrant and found a bloody knife in a search of his house, he wrote.
FBI and Navajo Nation Police officers interrogated Garcia at the Crownpoint Police Department after Garcia waived his Miranda rights, Spencer wrote.
Spencer described the interrogation of Garcia:
“GARCIA stated that he was drinking at John Doe and Witness 1 ‘s house, located at 22 52 Rte. 49, Smith Lake, NM. They started drinking outside by the trees but eventually went to the house. GARCIA helped make some food and John Doe gave GARCIA a sharp knife to peel the potatoes. After a time, John Doe told GARCIA to leave. GARCIA did not want to leave. John Doe continued to tell GARCIA to leave but GARCIA did not want to. John Doe and GARCIA began yelling and cussing at each other. John Doe grabbed GARCIA’s arms and tried to get him out of the house. GARCIA had the knife from peeling the potatoes in his pocket and pulled it out and stabbed John Doe in the chest area. The next stab was to the neck and then continued stabbing John Doe in the chest and back. GARCIA left and went home.”
Magistrate Judge Jerry Ritter ordered Garcia held without bail on March 15, 2021 at his initial appearance and set a formal detention hearing for March 17, according to court records.
Babycos wrote that Garcia has been formally diagnosed with a severe form of intellectual disability, he has the mindset and cognitive ability of a 5-year-old child.
“Defendant has no concept of what is occurring, or the magnitude of the allegations brought forward against him,” Babycos wrote.
Babycos wrote that he cannot effectively consult with his client, nor can Garcia assist in his own defense.
Babycos and federal prosecutor Allison Jaros agreed a competency evaluation should be conducted by Julie Brovko and, in the alternative, he asked that Garcia be sent to a Bureau of Prisons facility to be evaluated, he wrote.
The following day, Fashing held a hearing and Babycos told her he has “concerns” with Garcia remaining “at facility,” according to the minutes. Fashing ordered the case be stayed until the competency evaluation is complete.
Spencer made no mention in his affidavit if it seemed, during the interrogation, like Garcia had any cognitive issues, or the mindset of a 5-year-old child.
Defendants must “knowingly and intelligently” waive their Miranda rights, including the rights to remain silent and right to counsel.
DULCE, N.M. — Allister Quintana‘s sentencing has been moved yet again, this time to March 2021, although a lack of required court filings appear to indicate the sentencing hearing will be pushed out further.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records. (Details are in the case write-up.)
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced and he does not appear to be in the custody of the federal Bureau of Prisons.
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