Harrison Davis to receive 5-8 years for killing grandson in DUI crash outside Gallup

Harrison Davis killed 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

Read the case write-up or see past stories on this case

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.

Harrison Davis, age unlisted in court documents, pleaded guilty, May 10, 2021, to a criminal information charging him with involuntary manslaughter.

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.

Davis was originally indicted on a charge of child endangerment resulting in death, a state charge prosecuted federally, on Nov. 25, 2019, 16 months after he killed his unidentified grandson.

According to the federal statute, if found guilty, Davis would face the same penalties as he would in New Mexico, which, appear to be 18 years, a far cry from the eight year maximum he faces under the plea deal, and under the statute, for involuntary manslaughter.

Davis wrote in the plea agreement that he was driving his all-terrain vehicle with his grandson, only identified as E.D.

“I had been drinking alcohol and was drunk,” Davis wrote. “I crashed the vehicle, harming myself, and killing my grandson.”

 

Magistrate Judge John Robbenhaar accepted the plea although the district judge who sentences Davis could still reject it.

Sentencing has not been set in the case.

Davis released following 2019 arraignment

Davis was arraigned on Dec. 13, 2019 and pleaded not guilty to the child endangerment charge. A different federal prosecutor, David Cowen, did not object to the recommendations of the pretrial services officer and the judge adopted them, according to court minutes.

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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Allister Quintana’s sentencing moved, for the seventh time, to June 25, 2021

• 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

See the case write-up or previous stories on this case

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.

Mug of Allister Quintana
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.

Previous motions to extend dealt with delays and issues with a psychological evaluation.

Judge William Johnson set Quintana’s sentencing for 1:30 p.m., June 25, 2021.

Quintana, 26, of Dulce, pleaded guilty to a criminal information charging him with second-degree murder on Jan. 22, 2020. His codefendant, Andrew Bettelyoun, 25, previously pleaded guilty to conspiracy to commit kidnapping a year prior, on Jan. 30, 2019.

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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Sentencing delayed again for Allister Quintana in Dulce torture killing

• Sentencing had been set for March 5, 2021
• Co-defendant Andrew Bettelyoun still hasn’t been sentenced

See the case write-up or previous stories on this case

Update: Sentencing has been tentatively moved to June 25, 2021.

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.

District Judge William Johnson moved the sentencing hearing to March 5, 2021, after Quintana’s attorney, Ray Twohig, requested an extension of deadlines on Dec. 15, as he continues to wait for a psychological evaluation, made more complicated by the restrictions on in-person visits created by the pandemic. The motion to extend deadlines is Twohig’s fifth in the case.

Problems completing Quintana’s evaluation have been the reason behind many of the previous requested continuances.

Twohig wrote that the evaluation also brings up issues that “require further exploration.”

Mug of Allister Quintana
Allister Quintana

Twohig’s sentencing memorandum was supposed to be filed by Dec. 30, 2020, although no memorandum appears in the court record.

Quintana, 26, pleaded guilty to a criminal information charging him with second-degree murder on Jan. 22, 2020. His codefendant, Andrew Bettelyoun, 25, previously pleaded guilty to conspiracy to commit kidnapping a year prior, on Jan. 30, 2019.

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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Allister Quintana sentencing moved to February 2021 in Dulce torture case

Update: Sentencing has been tentatively moved to June 25, 2021.

• A judge moved Allister Quintana‘s sentencing to Feb. 1, 2021
• The defense’s psychological evaluation should be complete by mid-November
• A defense sentencing memorandum is due by Dec. 15

See the case write-up or previous stories on this case

DULCE, N.M. — A judge moved Allister Quintana’s sentencing to February after he pleaded guilty in January 2020 to second-degree murder for torturing his cousin at his Dulce home and leaving him to die in a locked closet.

Mug of Allister Quintana
Allister Quintana

Quintana’s lawyer, Ray Twohig, wrote in a Nov. 11, 2020 motion to extend the deadlines in the case that he was still missing an evaluation from Christine Johnson, a forensic psychologist who has been unable to personally meet with Quintana at the McKinley County Detention Center, where he is being held.

Johnson’s trouble completing an evaluation of Quintana have been the subject of multiple motions to push off sentencing.

The report was supposed to be completed by Nov. 16, 2020. Twohig should have his sentencing memorandum completed by Dec. 15, 2020, which gives prosecutors until Dec. 29, 2020 to respond.

Although Twohig wrote that Johnson will have the evaluation done by November, she previously “assured” him it would be done by Oct. 14, 2020, according to a previous motion to extend deadlines.

District Court Judge William Johnson granted the extension and set sentencing for 10 a.m., Feb. 1, 2021. Sentencing had previously been set for Jan. 5, 2021. Johnson accepted Twohig’s suggested deadlines for his memorandum and the prosecution’s response.

Prosecutor Joseph Spindle previously asked for a life sentence for Quintana in his own sentencing memorandum, on April 2, 2020.

Quintana, 26, pleaded guilty to a criminal information charging him with second-degree murder on Jan. 22, 2020. His codefendant, Andrew Bettelyoun, 25, previously pleaded guilty to conspiracy to commit kidnapping a year prior, on Jan. 30, 2019.

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.

More details on what prosecutors say happened to Howland 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. In his memorandum seeking a life sentence for Quintana, Spindle wrote that Bettelyoun is, under the current sentencing guidelines, slated to receive a harsher sentence than Quintana even though Quintana committed far more egregious acts.

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Sentencing in Dulce torture case moved to October

Update: Sentencing has been tentatively moved to June 25, 2021.

  • Allister Quintana pleaded guilty to second-degree murder on Jan. 22, 2020
  • The in-person sentencing has been postponed to October because of the coronavirus pandemic

See the case write-up or previous stories on this case

ALBUQUERQUE, N.M. — The Dulce man who pleaded guilty to torturing his cousin, binding him and locking him in a closet to die will not be sentenced until Oct. 23 at the earliest as the coronavirus pandemic has closed courtrooms and jails to visitors, including attorneys and psychologists.

Mug of Allister Quintana
Allister Quintana

Federal District Judge William Johnson set Allister Quintana’s sentencing hearing for 10 a.m., Oct. 23 in Albuquerque.

Quintana, 26, had been set to be sentenced on June 22, according to minutes of a May 26 hearing. Prosecutor Joseph Spindle is seeking a life sentence for Quintana.

Quintana pleaded guilty to a criminal information charging him with second-degree murder on Jan. 22, 2020. His codefendant, Andrew Bettelyoun, 25, previously pleaded guilty to conspiracy to commit kidnapping a year prior, on Jan. 30, 2019.

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.

During the May 26 hearing, Spindle said sentencing would take 1 1/2 to 2 hours and he planned to call one witness and two “family victims.” Quintana’s attorney, Ray Twohig, said he wanted to having the hearing moved because of issues related to the pandemic. It was then moved from June 22 to July 27. On June 1, the hearing was again moved, this time to Aug. 21. On July 13, it was moved again to Oct. 23. It is supposed to be in person but the public and media should have access via live streaming, according to the court docket.

In his third motion to reschedule sentencing, filed July 10, Twohig wrote that he “obtained the assistance” of a forensic psychologist, Christine Johnson, to address mental health issues to be considered when Quintana is sentenced.

Quintana is being held at the McKinley County Detention Center and no in-person visits are currently allowed because of the coronavirus pandemic. Twohig needed psychologist Christine Johnson to complete her evaluation because he could complete his own sentencing memorandum but because of visiting restrictions, she was having a hard time, he wrote.

“However, she has been able to arrange Zoom conferences with him,” Twohig wrote. “These are difficult to schedule and conduct, since reception  is uneven and the evaluation process is delayed considerably by the use of this  method. She estimates she will need at least one other Zoom meeting in addition to the three Zoom meetings she has been able to conduct.”

In a sentencing memorandum, Spindle asked for Quintana to be sentenced to life, an upward variance.

No hearing has been set for Bettelyoun and no filings have been made in his case for over a year.

Continue reading “Sentencing in Dulce torture case moved to October”

Judge finds Jansen Peshlakai a danger to the community and won’t release

• Judge denies Jansen Peshlakai‘s bid for release
• Peshlakai showed no elevated risk from the coronavirus

See the case write-up

ALBUQUERQUE, N.M. — Jansen Peshlakai will continue to be housed in the private Cibola County Correction Center after a federal judge found him to be a danger to the community and that the coronavirus did not pose enough of a specific threat to him.

Shiprock. Photo by Mobilus In Mobili/Flickr

According to minutes from the June 4, 2020 hearing, conducted via Zoom, Peshlakai’s attorney, Edward Bustamante, asked he be released to the third-party custody of his sister in Oklahoma.

Federal prosecutor Allison Jaros provided an update on the status of coronavirus cases in the Cibola County Detention Center and asked Peshlakai remain in jail, according to the minutes.

According to the minutes, U.S. Marshal Deputy G. McCoy “provides information re: COVID-19 cases, status of employee’s health at Cibola and outlines medical treatment defendants receive upon entry/release from center.”

Jaros brought one exhibit, entered onto the record, but it was uploaded to PACER and the minutes do not state what it was.

At the end of the 45-minute hearing, District Judge Judith Herrera ordered Peshlakai continue to be held as a danger to the community, according to the minutes.

“Court finds defendant has not shown there is an elevated risk to him in contracting COVID-19, outlines reasons and denies request for release,” the minutes state. “Ms. Jaros to submit order”

Peshlakai allegedly ran down 20-year-old Dakota Whitehat on July 13, 2018. Whitehat was in a vehicle that stopped because Peshlakai was fighting with his wife on the side of the road and, according to one report, screaming for help, according to court documents. Read more about the case in the write-up.

A grand jury indicted Peshlakai on a charge of second-degree murder three months later, on Oct. 2. 2018.

Peshlakai’s competency to stand trial was an issue from the start of the case and he was found not competent on June 14, 2019, before being rehabilitated and found competent on March 20, 2020, his attorney, Edward Bustamante, wrote in a motion for his release.

Jaros opposed Bustamante’s request.

The Cibola County Correction Center, and the company that runs it, CoreCivic, have come under scrutiny because of its handling of the coronavirus pandemic.

In a March 30 response to the United States Marshals Service, Cibola County Detention Center Warden Luis Rosa Jr. wrote a vague letter that the facility is following proper guidelines and instituting social distancing within the facility.

That comes in stark contrast to reporting by Jeff Proctor at New Mexico In Depth. Proctor wrote that inmates had to sign a waiver before receiving face masks.

According to a May 12 filing by Jaros, two federal inmates have tested positive for the coronavirus. They were transferred from Otero County in early May, 2020.

No further hearings are scheduled.

The Cibola County Correction Center allegedly forced inmates to sign waivers before giving them face masks, according to Jeff Proctor reporting in New Mexico In Depth.

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Jansen Peshlakai requests release because of the coronavirus after competency determination

See the case write-up

ALBUQUERQUE, N.M. — Jansen Peshlakai is asking a federal judge to release him to a halfway-house pending trial because of the coronavirus pandemic.

Peshlakai allegedly ran down 20-year-old Dakota Whitehat on July 13, 2018. Whitehat was in a vehicle that stopped because Peshlakai was fighting with his wife on the side of the road and, according to one report, screaming for help, according to court documents.

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

A grand jury indicted Peshlakai on a charge of second-degree murder three months later, on Oct. 2. 2018.

Peshlakai’s competency to stand trial was an issue from the start of the case and he was found not competent on June 14, 2019, before being rehabilitated and found competent on March 20, 2020, his attorney, Edward Bustamante, wrote in a motion for his release.

He was then returned to New Mexico on April 17, 2020, and taken to the Cibola County Correctional Center outside Milan, a private jail run by CoreCivic, Bustamante wrote.

Peshlakai previously appealed the initial order that he be held without bail. It was denied. Because of the coronavirus pandemic and Peshlakai being transferred, Bustamante filed the new motion for release on April 20, 2020.

“Jansen Peshlakai is an at risk detainee due to his permanent closed head injury and his course of medications that make him vulnerable to any health threat while detained,” Bustamante wrote.

He asked that his client be released to his daughter, Jennifer Peshlakai, in Oklahoma, or his mother, in Churchrock.

Prosecutor Allison Jaros wrote in a response, dated April 23, 2020, that Bustamante did not argue that his client is no longer a flight risk or a danger to the community and that the pandemic would not make it less likely he would violate court orders and drink or harm others if released from custody.

“Defendant’s mental condition has improved since his incarceration, likely due to his forced sobriety,” Jaros wrote.

According to Peshlakai’s own doctor, he requires “24/7” supervision for safety, food preparation, medication administration and assistance with other basic daily activities, she wrote.

Cibola County Detention Center badge
Cibola County Detention Center badge

“The COVID-19 pandemic simply has no bearing on whether conditions of release can reasonably assure the defendant’s appearance in court and the safety of the community,” Jaros wrote.

She wrote that Peshlakai is also not particularly at risk from the coronavirus, citing a New York case where a man with dementia and a history of strokes and heart attacks was denied pre-trial release during the pandemic.

“It would be pure speculation for the Court to presume that Defendant’s underlying conditions pose a greater risk to his safety than if he was released back into the public, where he could resume drinking,” Jaros wrote.

She wrote that when he was arrested, he also had three outstanding warrants. One was a New Mexico probation violation case, although she did not specify if it was federally issued or a state case, and two for failing to appear in court in Oklahoma.

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Prosecutor asks for life sentence in Dulce torture case

  • Allister Quintana pleaded guilty to second-degree murder on Jan. 22, 2020
  • The prosecutor Joseph Spindle wants Quintana to receive a life sentence because of how heinous his actions were
  • Quintana had Andrew Bettelyoun help torture and bind Travis Howland before leaving him in a closet to die
  • Bettelyoun pleaded guilty to conspiracy to commit kidnapping

Update: Sentencing has been tentatively moved to June 25, 2021.

See the case write-up

ALBUQUERQUE, N.M. — A federal prosecutor is asking a judge to impose a life sentence on the Dulce man who beat, chopped, stabbed and bound his cousin before locking him in a closet to die of asphyxiation, starvation or dehydration.

Mug of Allister Quintana
Allister Quintana

Allister Quintana, 26, pleaded guilty to a criminal information charging him with second-degree murder on Jan. 22, 2020. His codefendant, Andrew Bettelyoun, 25, previously pleaded guilty to conspiracy to commit kidnapping a year prior, on Jan. 30, 2019.

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.

Federal prosecutor Joseph Spindle filed a sentencing memorandum/motion for an upward departure in Quintana’s case on April 2, 2020, asking that he receive a life sentence. Spindle wrote he wants six points added to Quintana’s sentencing guideline, to put him at an offense level of 43, where the only suggested sentence is life, regardless of criminal history.

“Defendant’s conduct was unusually heinous, cruel, brutal, and degrading to the victim, warranting the imposition of a six-level upward departure pursuant to U.S.S.G. § 5K2.8,” Spindle wrote.

The extreme conduct guideline Spindle referenced is for “torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation.”

Spindle wrote that Quintana’s torture of Howland encompassed three phases.

“He beat him with a flashlight, burned him with a lighter, cut him with a machete, and bound him with a cord,” he wrote. “Doe suffered three types of trauma, blunt, sharp, and compressional.”

Quintana allegedly forced Quintana to sodomize himself with a flashlight and tortured him in three separate rooms before leaving him bound in a closet “where he may have painfully surrounded to starvation, asphyxiation, or dehydration,” Spindle wrote.

The pathologist who performed Howland’s autopsy wrote that the manner of death was homicide but the means was unspecified, according to the autopsy report. None of his injuries were enough to kill him. (Read more about the cause of death here.)

Quintana also allegedly victimized one of Howland’s sisters because she saw his body when responding as a medic, although she did not initially recognize him, Spindle wrote.

What Quintana did to Howland is outlined in greater detail in the case write-up. However, reader discretion is advised because the details are disturbing.

Although Spindle did not write what Quintana’s sentence guideline number was, if it took a full six points to get to 43, the highest number, which carries a suggested sentence of life, his number could have been 37. With no criminal history points, the sentencing guidelines suggest a sentence of 17 to 22 years. With the maximum number of criminal history points, and a guideline of 37, the sentence is 30 years to life.

“Coupled with a criminal history category of I, Defendant’s adjusted guidelines range would be imprisonment for life,” he wrote.

Below is the federal sentencing table, from levels 33 to 43, the highest level.

Federal sentencing guidelines table, levels 33 to 43.
Federal sentencing guidelines table, levels 33 to 43. Prosecutor Joseph Spindle wrote Andrew Bettelyoun’s sentence guidelines is 360 months (30 years) to life. Depending on his criminal history, his level is anywhere from 37, with the highest criminal history rating of V, to 42, with the lowest level of criminal history. Court documents do not say where he lands. Allister Quintana appears to have a level of 37, with no criminal history points.

Quintana also has an “abysmal” criminal history that warranted a higher sentence, Spindle wrote.

Jicarilla Judicial Complex (Ishkoteen)
JJicarilla Apache Nation Ishkoteen Judicial Complex, Dulce, NM. According to federal prosecutors, Allister Quintana had an extensive criminal history, not accounted for in a presentence report. All the cases appear to be tribal. Photo by Bob Nichols/USDA/Flickr.

“In less than ten years, Defendant has been charged nine times,” Spindle wrote. “While none of his previous conduct was even close to the brutality involved in this case, several times his convictions were for violent crimes. At least five of the crimes appeared to victimize women, and at least one involved confinement of the victim in his home.”

It is unclear what alleged crimes Quintana committed, or how many he was convicted of. The only federal case against him is for Howland’s death and state court records only show two cases, both for minor in possession of alcohol, from 2015.

In his presentence report and the calculation of his offense level, he did not receive points for his criminal history, Spindle wrote.

Quintana allegedly wanted Howland to suffer before he did by inflicting pain, humiliation and subjecting his sister to the sight of his decomposing body, Spindle wrote.

Spindle wrote:

“A sentence within the guidelines would not adequately reflect the seriousness of this type of sadistic behavior and would signal to the community that a brutal torture is no different from an isolated shooting. But there is a difference ― a huge difference. Doe’s death was not quick and painless. He died after being beaten, tied up, and sodomized.”

Sentencing “anomaly”

Quintana’s current sentencing guideline appears to place him in the sentencing range of 17 to 22 years, based on a presumed sentencing guideline number of 37 based on court filings.

Bettelyoun faces a sentence range of 30 years to life, Spindle wrote. He did not specify what Bettelyoun’s sentencing guideline number or criminal history.

Quintana being positioned to receive a lower sentence creates a sentencing “anomaly” between them, he wrote.

Spindle wrote:

“By all accounts, Defendant’s conduct was far more egregious than his codefendant, Mr. Bettelyoun’s conduct. However, based upon the application of a cross reference in Mr. Bettelyoun’s case, his applicable guidelines range is imprisonment for 360 months to life. This is a glaring disparity between the codefendants considering that Defendant and Mr. Bettelyoun have similar criminal histories.”

Quintana’s sentencing is set for 2 p.m., June 22 in Albuquerque in the Cimarron courtroom in front of Chief District Judge William Johnson. No hearing has been set for Bettelyoun.

According to a motion reschedule the sentencing hearing by Quintana’s attorney, Ray Twohig, he has hired a forensic psychologist to help him and sentencing should be done in person. However, the coronavirus pandemic has curtailed in-person hearings and, by June, it is possible that hearings can be held in person again.

The case

According to court records, Quintana was allegedly angry because his cousin, Howland, failed to bail him out of jail in late January 2018. During a night of drinking, on Feb. 2, 2018, at Quintana’s house with Bettelyoun and Howland, Quintana allegedly attacked Howland before torturing him, binding him and leaving him in his closet. On Feb. 14, 2018, Howland’s body was found in the closet of Quintana’s house while Quintana was in jail on a tribal domestic case.

In Instagram messages, Quintana allegedly referred to the torture and killing as “batman shit.”

In summary:

Travis Howland

Amanda Martinez, writing for the Rio Grande SUNtalked to Howland’s family about who he was as a person, as well as their reactions to the case.

“He was a guitar player, a graffiti artist, someone who loved metal music and a father,” Martinez wrote.

Howland was goofy, liked to crack jokes and grew up with his sisters in and out of foster care, she wrote.

Martinez wrote that Bettelyoun is the nephew of the Jicarilla Apache Nation’s Juvenile Officer, Letita Julian, who is married to detective Aaron Julian.

Continue reading “Prosecutor asks for life sentence in Dulce torture case”

Judge: Blood tests in alleged drunk driving killing can be used at trial

  • Kayla Baker is charged for allegedly killing a man in a DWI crash on June 16, 2018 near Navajo
  • Baker was released back to Arizona where she worked as a nurse
  • Prosecutors indicted her 17 months after the fatal crash

See the full case write-up

ALBUQUERQUE, N.M. — A Cornfields, Ariz. woman will not have her 0.15 blood-serum test thrown out as evidence in her involuntary manslaughter and assault on a minor case following a federal district court judge’s ruling, April 9, 2020, that she voluntarily gave them access to her medical records.

Photo of the Navajo Code Talker Monument in Window Rock, Arizona, with the Window Rock in the background.
Navajo Code Talker Monument, Window Rock, Arizona. Photo by John Fowler/Flickr. CC-BY

Kayla Baker, 24, is charged with involuntary manslaughter and assault of a minor resulting in serious bodily injury after she allegedly drunkenly crashed her car into oncoming traffic on June 16, 2018, on Route 12 outside the town of Navajo, near the border with Arizona. She does not appear to have ever been charged in magistrate court with J.G.’s death, rather, a federal grand jury indicted her 17 months after the fatal crash, according to court documents.

Baker allegedly tried to pass a woman on the two-lane highway and slammed into a car carrying a man, only named J.G. (YOB: 1988, enrolled Navajo National tribal member) in court documents, his “common-law wife,” their 16-month-old son and the woman’s 17-year-old sister, according to court documents.

Baker’s attorney, Aric Elsenheimer, tried to get all the test results thrown out under the theory that she did not voluntarily consent to give them to tribal investigators Farrell Begay and Samantha Yazzie when they interrogated her at a jail in Window Rock, Ariz., following the crash. No court documents state she was charged with, or by whom, while she was held in Window Rock.

A separate blood test at the FBI crime lab showed a blood-alcohol level of 0.12, according to court documents.

District Judge William Johnson dismissed the motion on April 9, 2020.

Johnson also dismissed a motion, on March 6, 2020, to dismiss the charge of assault of a minor resulting in serious bodily injury.

Elsenheimer wrote in the motion that the assault charge, which carries a minimum mandatory sentence of 10 years and a maximum of life, required prior knowledge and intent, that is, that Baker knew and intended his 17-year-old victim was underage when she allegedly drunkenly crashed into her. Assault resulting in serious bodily injury, not done to a minor, carries a maximum sentence of 10 years — the mandatory minimum for its counterpart done to a minor.

On Feb. 28, 2020, Johnson granted a motion to continue the case for a jury trial tentatively set for July 6, 2020.

Continue reading “Judge: Blood tests in alleged drunk driving killing can be used at trial”

Gallup man indicted 16 months after allegedly killing child in DWI crash in July 2018

  • Harrison Davis allegedly crashed a vehicle while drunk on July 1, 2018, which led to the death of a child
  • A federal judge released Davis to the custody of his wife

ALBUQUERQUE, N.M. — A year after an alleged drunk driving crash that resulted in the death of a child, a federal grand jury indicted a Gallup man on a charge of child endangerment resulting in death.

Gallup. Photo by Wolfgang Staudt/Flickr

The grand jury indicted Harrison Davis on the single count on Nov. 25, 2019, although the case was not entered into the federal court system until Dec. 3, 2019. He was arrested a week later, on Dec. 11, 2019, by Federal Bureau of Investigations Agent Brad Simons, according to an arrest warrant.

Details of the case are extremely scarce and, according to the indictment, Davis is a Native American who was allegedly driving while intoxicated with a boy, age unlisted, and that driving while drunk caused the boy’s death.

It is not clear from court documents if the boy died immediately following the crash, on July 1, 2018, or later on.

According to a motion to continue filed on Jan. 6, 2020, by public defender Sylvia Baiz, the crash happened “in a remote area near Gallup.”

Davis was initially ordered detained on Dec. 12, 2019, in federal court in Albuquerque following a request by prosecutor Frederick Mendenhall, according to a minute sheet.

Davis was arraigned a day later on Dec. 13, 2019, pleaded not guilty to the charge. A different federal prosecutor, David Cowen, did not object to the recommendations of the pretrial services officer and the judge adopted them, according to court minutes.

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.

According to the court docket, the case was continued twice, once in January and once in March, and is now set for a tentative trial of June 8, 2020, on the trailing docket.

Davis is being federally charged with a state crime, which is a first-degree felony in New Mexico law.

According to the federal statute, if found guilty, Davis would face the same penalties as he would in New Mexico.

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Continue reading “Gallup man indicted 16 months after allegedly killing child in DWI crash in July 2018”

Judge gives Sanostee man minimum sentence for brother’s death in DWI crash

  • Tavis Washburn will spend just under six years in prison for killing his brother and injuring his 2-year-old son in the crash
  • The binding plea deal mandated a sentence of 6 to 10 years and without it, Washburn faced a minimum mandatory sentence of 10 years
  • He had a blood-alcohol level of 0.258 when he crashed, over three times the legal limit, while driving 79-85 mph
  • A judge sent Washburn back to jail, prior to sentencing, after he began drinking excessively at a halfway house

Read the full case write-up here

SANTA FE, N.M. — Tavis Washburn will spend just under six years in prison after a federal District Court judge sentenced him to the minimum allowed under a plea deal for killing his brother in drunk driving crash.

District Court Judge Martha Vazquez sentenced Washburn, 27, on March 13, 2020, to 71 months in prison, just under six years.

According to court documents, the crash killed Orlando Wadsworth, 37, of Sanostee, severely injured Washburn’s 2-year-old son and injured a third man, only identified as A.J., driving the truck Washburn hit, on Feb. 15, 2018. Wadsworth had to be extricated from the passenger seat of the red Kia Washburn was driving. Although he was flown to a hospital, he died from his injuries. Washburn had a blood-alcohol level of 0.258 after the crash.

Washburn previously pleaded guilty in front of Magistrate Judge Kirtan Khalsa on July 12, 2019, who deferred final acceptance of the plea until sentencing in front of Vazquez, during a 27-minute hearing, according to minutes from the plea hearing.

Federal Bureau of Investigations Agent Kalon Fancher charged Washburn 10 months after the crash, on Oct. 24, 2018. On Nov. 13, 2018, federal Magistrate Judge Jerry Ritter ordered Washburn released on pretrial release at a halfway house in Albuquerque. Washburn was later arrested sometime after Dec. 2, 2019, after he was found, twice, to have been heavily drinking.

Federal prosecutor Allison Jaros did not request a specific sentence, other than within the range of six to 10 years allowed under the plea deal, while Washburn’s attorney, Alejandro Fernandez, asked for the minimum in a sentencing memorandum dated Oct. 21, 2019.

According to the sentencing minute sheet, Washburn addressed the court, as did the “Victim’s representative.” The entire hearing lasted one hour and two minutes. Neither the minutes nor the judgement state why Vazquez sentenced Washburn to the minimum allowed under the binding plea deal, or why she accepted the binding plea deal.

Continue reading “Judge gives Sanostee man minimum sentence for brother’s death in DWI crash”

Autopsy reports: Fatal crash victims had methamphetamine in system, high BAC

ALBUQUERQUE, N.M. — The autopsy reports for the two people killed in a car wreck in October 2018 shows they both had been drinking and consumed methamphetamine before the crash.

Zuni Pueblo, eastern edge. Photo by Joseph Novak/Flickr

Their drinking and methamphetamine use was cited by federal prosecutor Frederick Mendenhall as the reason for the sentence he gave Joey Unkestine in a plea deal: 3 years and 10 months.

Joey Unkestine killed his girlfriend, Katherine Edaakie, his brother, Elison Unkestine and injured Edaakie’s child, referred to in court documents as D.G., when he crashed a 2002 Ford Explorer on Oct. 18, 2018, on Highway 53 on the Zuni Pueblo.

On June 20, 2019, Joey Unkestine pleaded guilty to two counts of involuntary manslaughter and one count of child endangerment. On Oct. 18, 2019, the 1-year anniversary of the crash, Joey Unkestine was sentenced to 3 years and 10 months in prison, per a plea agreement signed by Mendenhall. Federal Magistrate Judge Jerry Ritter accepted the plea. Federal District Court Judge Scott Skavdahl entered the sentence.

According to the plea agreement and a sentencing memorandum written by Mendenhall, Joey Unkestine’s blood-alcohol level was later measured at 0.36 and he was estimated to be driving between 74 and 93 mph on a 55-mph-limit road.

Because the two people in the car were drinking, their deaths do not warrant a sentence at the top of the sentencing range, citing United States v Lente. However, the child being placed in danger did warrant the lengthier sentence, as did his history with alcohol, Mendenhall wrote in the sentencing memorandum:

The two adult victims in this case had been drinking in the vehicle. Both of their deaths are tragic, but the circumstances of this case suggest an upward departure or variance is not necessarily warranted.

According to Edaakie’s autopsy report, she had a blood-alcohol level of 0.28 and methamphetamine in her system.

Continue reading “Autopsy reports: Fatal crash victims had methamphetamine in system, high BAC”

3 years, 10 months prison for Zuni Pueblo man who killed girlfriend, brother in DUI crash

  • Joey Unkestine crashed his car on Oct. 18, 2018, killing 2 people
  • Prosecutor Frederick Mendenhall set Joey Unkestine’s sentence at 3 years 10 months in a binding plea deal
  • Unkestine had a history of alcohol-related convictions
  • Mendenhall: Killing two people did not warrant a heftier sentence

See the case write-up or more stories about the case

ALBUQUERQUE, N.M. — On Oct. 18, 2019, the 1-year anniversary of the day he rolled his Ford Explorer, killing his girlfriend, his brother and injuring his girlfriend’s 9-year-old son, Joey Unkestine received a three year and 10 month sentence.

The sentence was no surprise. When Unkestine pleaded guilty on June 20, 2019, to two counts of involuntary manslaughter and one count of child endangerment, federal prosecutor Frederick Mendenhall had already agreed to the binding sentence when he brought it to Federal Magistrate Judge Jerry Ritter, who initially accepted the plea, but deferred final acceptance to the sentencing judge.

Ultimately, Federal District Court Judge Scott Skavdahl issued the sentence, which only carried two years of probation. Mendenhall asked for three.

According to the plea agreement and a sentencing memorandum written by Mendenhall, Unkestine crashed a 2002 Ford Explorer on Highway 53 on the Zuni Pueblo on Oct. 18, 2018, killing his girlfriend, Katherine Edaakie, his brother, Elison Unkestine, referred to in court documents as K.E. and E.U. and injuring his girlfriend’s son, referred to as D.G. His blood-alcohol level was later measured at 0.35 and he was estimated to be driving between 74 and 93 mph on a 55-mph-limit road. For comparison, the legal-per-se limit is 0.08 and above 0.40 can be fatal.

Opioids and methamphetamine were also found in his system, although he claimed he used no drugs that day. The brother and girlfriend had also been drinking while he was driving. D.G. received “only scrapes and bruises,” Mendenhall wrote.

Unkestine had several prior convictions “involving alcohol” but all of them were tribal, Mendenhall wrote.

Continue reading “3 years, 10 months prison for Zuni Pueblo man who killed girlfriend, brother in DUI crash”

Joey Unkestine: Elison Unkestine, Katherine Edaakie — 10-18-2018

  • Suspect: Joey Unkestine
  • Victim: Katherine Edaakie (Joey Unkestine’s girlfriend)
  • Victim: Elison Unkestine (Joey Unkestine’s brother)
  • Non-fatal victim: A child, D.G., 9 (Edaakie’s son)
  • Date of incident: Oct. 18, 2018
  • Charges: Two counts of involuntary manslaughter and one count of child endangerment
  • Status: Guilty plea to two counts of involuntary manslaughter and child endangerment; binding plea agreement; sentenced
  • Sentence: 3 years, 10 months followed by 2 years probation, per plea agreement
  • Investigating agency: Unknown
  • Location: Highway 53, Zuni Pueblo, McKinley County
  • Magistrate case number: None
  • District case number: 19-cr-0094
  • Prosecutor: Frederick Mendenhall
  • Plea judge (magistrate): Jerry Ritter
  • Sentencing judge (district): Scott Skavdahl

 

Summary

On Oct. 18, 2018, Joey Unkestine crashed a 2002 Ford Explorer on Highway 53 on the Zuni Pueblo, killing his brother, Elison Unkestine and his girlfriend, Katherine Edaakie and injuring his girlfriend’s son (D.G.). He was allegedly drunk.

His blood-alcohol level was later measured at 0.35 and he was estimated to be driving between 74 and 93 mph on a 55-mph-limit road.

He pleaded guilty and per a binding plea deal, District Judge Scott Skavdahl sentenced Unkestine on Oct. 18, 2019, to the three years, 10 months in prison.

The incident

Joey Unkestine was driving between 74 and 93 mph on Highway 53 on the Zuni Pueblo, after he had been drinking extensively, when he rolled his 2002 Ford Explorer, killing his girlfriend and brother and injuring his girlfriend’s 9-year-old son, D.G., according to his plea agreement.

Zuni Pueblo, eastern edge. Photo by Joseph Novak/Flickr

According to a sentencing memorandum filed by prosecutor Frederick Mendenhall, testing would later show Unkestine’s blood-alcohol content to be 0.36. For comparison, the legal-per-se limit is 0.08 and above 0.40 can be fatal.

Opioids and methamphetamine were also found in his system, although he claimed he used no drugs that day. The brother and girlfriend had also been drinking while he was driving. D.G. received “only scrapes and bruises,” Mendenhall wrote.

Unkestine had several prior convictions “involving alcohol” but all of them were tribal, Mendenhall wrote.

Indictment

On March 18, 2019, a grand jury indicted Unkestine on two counts of involuntary manslaughter and one count of child endangerment, according to the indictment.

Plea

On June 20, 2019, Unkestine pleaded guilty to the charges. Mendenhall and defense attorney Irma Rivas signed the plea deal. Federal Magistrate Judge Jerry Ritter accepted the binding plea agreement.

According to the plea agreement, Unkestine would only receive a sentence of three years, 10 months, with probation up to the sentencing judge. Ultimately, he received two years of probation when prosecutors asked for three.

According to Mendenhall’s sentencing memorandum, three years, 10 months is the “upper-guideline sentence” and reflects the seriousness of the offense.

Because the two people in the car were drinking, their deaths do not warrant a sentence at the top of the sentencing range. However, the child being placed in danger did warrant the lengthier sentence, as did his history with alcohol, he wrote.

Mendenhall did not write why, specifically, he agreed to a three year sentence for the deaths of two people, one of which left a child without his mother. However, he noted that both he and the defense minimized the uncertainty that comes with a trial.

Sentence

Federal District Court Judge Scott Skavdahl sentenced Unkestine on Oct. 18, 2019, to the three years, 10 months stipulated in the plea agreement and two years probation, a year less than requested by the prosecutor, according to the sentencing minute sheet.

No investigative documents appear in the court record.

Improperly sealed documents?

According to the local rules and federal rules, documents are only supposed to be filed under seal for good reason and a record of the motion to file a document under seal is supposed to appear on the court docket, as outlined by Jeff Proctor in New Mexico In Depth.

According to Mendenhall’s sentencing memorandum, the only document that was docketed but is not public is #27, the pre-sentencing investigation report by the probation department.

However, according to the docket, entry 28 was also sealed, as were 30 and 31. In addition, documents 34-36 appear to be sealed with no motions for sealing and no record of sealing, a process which is supposed to warrant a judge’s approval.

According to Sealing Court Records and Proceedings: A Pocket Guide, “(there) should be a public record of what is sealed and why, consistent with the reason for sealing.”

Autopsies

According to Edaakie’s autopsy report, she had a blood-alcohol level of 0.28 and methamphetamine in her system.

According to Elison Unkestine’s autopsy report, his blood-alcohol level was 0.14 and he also had methamphetamine in his system.

Office of the Medical Investigator Field Investigator Maria Olivares wrote, in a field investigation, the SUV was heavily damaged and Elison Unkestine had been ejected from it and his right hand was amputated.

In Edaakie’s field investigation, Olivares found Edaakie’s body was in the east-bound lane.

 

See the documents on Google Drive

UNSOLVED: Tyrone Tallman — 7-17-2018

Summary

Tyrone Tytis Tallman
Tyrone Tallman

Tyrone Tallman’s body was found in a canal in Nenahnezad on July 17, 2018. A preliminary autopsy report showed he suffered stab wounds, broken bones and “trauma” to his skull, according to a website post by the FBI.

Tallman was wearing pants, socks with “Girls Rule” embroidered on them and shoes.

It is “believed” he was last seen alive on July 9, 2018, also where is not listed.

There is a $1,000 reward for information leading to the arrest and conviction of his killer.

Anyone with information is asked to contact the FBI at (505) 889-1300.

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