Indiana man arraigned for death of woman near Gallup in hit-and-run crash

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

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

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.

Mug shot of Jagjeet Singh in case M-35-FR-2021-0021
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.

Magistrate Judge Pat Casados previously bound Singh over to district court on the four charges following a preliminary examination on March 3.

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.

The case

In an amended statement of probable cause for Singh’s arrest, Reuter wrote he interrogated Singh, who admitted he ran something over.

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.

In court documents, Singh indicated he needs a Punjabi interpreterMiranda rights are supposed to be knowingly and intelligently waived.

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.”

For more on the incident, see the case write-up. See the case files on Document Cloud or Google Drive.

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Roswell man held without bail after fiery DWI crash kills two Dexter sisters

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

Read the case write-up

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.

Mug shot of John Ensor, charged with two counts of DUI vehicle homicide for the deaths of two sisters, aged 17 and 12 in an alleged head-on crash.
John Ensor

State Police Officer Trent Eby wrote 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.

The American Civil Liberties Union has come out against the use and abuse of court fees to keep people trapped in a “modern-day debtor’s prison.”

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.

According to the minutes from the April 16 hearing, Lilley heard from Gonzales and Eby and found Ensor is a danger to the community, granting Grew’s motion for indefinite pre-trial detention.

A preliminary hearing is set for 9 a.m., April 23, 2021.

The crash

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.

He wrote he did this in compliance with the 2019 Supreme Court case Mitchell v. Wisconsin, which found that generally, police can conduct warrantless blood draws on drunk driving suspects.

In 2018, New Mexico changed its implied consent law to allow for warrantless blood draws.

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 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.

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.

See the case documents on DocumentCloud.

Continue reading “Roswell man held without bail after fiery DWI crash kills two Dexter sisters”

John Ensor: Danae Sosa, Darely Sosa — 4-4-2021

 

Summary

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.

 

The incident

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.

Mug shot of John Ensor, charged with two counts of DUI vehicle homicide for the deaths of two sisters, aged 17 and 12 in an alleged head-on crash.
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.

He wrote he did this in compliance with the 2019 Supreme Court case Mitchell v. Wisconsin, which found that generally, police can conduct warrantless blood draws on drunk driving suspects.

In 2018, New Mexico changed its implied consent law to allow for warrantless blood draws.

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 Lilley wrote 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.

The American Civil Liberties Union has come out against the use and abuse of court fees to keep people trapped in a “modern-day debtor’s prison.”

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

District Judge Thomas Lilley issued a warrant for Ensor’s arrest on April 12 after he failed to appear for a hearing earlier that day on Grew’s motion to hold him in jail indefinitely.

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.

According to the minutes from the April 16 hearing, Lilley heard from Gonzales and Eby and found Ensor is a danger to the community, granting Grew’s motion for indefinite pre-trial detention.

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.

See the case documents on DocumentCloud.

Past stories

Roswell man held without bail after fiery DWI crash kills two Dexter sisters

Case documents

Competency raised for Smith Lake man with mindset of a 5-year-old child

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

See the case write-up

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.

FBI Agent Mark Spencer charged Eric Garcia, 40, with an open count of murder for the stabbing death of a man identified as R.L. in court documents, on March 9, 2021.

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.

Magistrate Judge Laura Fashing granted the motion the same day, according to the docket.

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.

In Garner v. Mitchell, a 2007 appeal in the Sixth Circuit Court of Appeals, the court found that “petitioner’s waiver of his Miranda rights was invalid because testing demonstrated that the petitioner’s mental incapacity rendered him unable to fully comprehend the warnings and his right to remain silent.”

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.”

View the case files on Document CloudGoogle Drive or Court Listener.

Continue reading “Competency raised for Smith Lake man with mindset of a 5-year-old child”

Judge dismisses one hit-and-run charge for man accused of killing woman, her infant, west of Gallup

• 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

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

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

Mug shot of Jagjeet Singh in case M-35-FR-2021-0021
Jagjeet Singh

Casados held the preliminary examination on March 3 and entered her order binding him over on the charges the following day.

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.

For more on the incident, see the case write-up.

See the case files on Document Cloud or Google Drive.

Continue reading “Judge dismisses one hit-and-run charge for man accused of killing woman, her infant, west of Gallup”

Eric Garcia: R.L., YOB 1957 —3-9-2021

 

Summary

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.”

Spencer charged Garcia with an open count of murder.

Competency

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.

On March 16, Garcia’s attorney. Lucas Babycos, filed a motion for Garcia to be evaluated for his competency.

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.

Magistrate Judge Laura Fashing granted the motion the same day, according to the docket.

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.

In Garner v. Mitchell, a 2007 appeal in the Sixth Circuit Court of Appeals, the court found that “petitioner’s waiver of his Miranda rights was invalid because testing demonstrated that the petitioner’s mental incapacity rendered him unable to fully comprehend the warnings and his right to remain silent.”

No further court hearings are set.

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Previous stories

Competency raised for Smith Lake man with mindset of a 5-year-old child

State Police charge Indianapolis man with running over woman, infant, west of Gallup

Jagjeet Singh is charged with two counts of leaving the scene of an accident causing death
• SP Agent Larry Reuter said in court documents that Singh admitted to running over Jessica Ann Copey and her infant child on Jan. 19, 2021
• Magistrate Judge Virginia Yazzie released Singh on an unsecured $100,000 bond

See the case write-up

GALLUP, N.M. — State Police charged a 24-year-old man for the deaths of a 24-year-old woman and her infant child in an alleged Jan. 19, 2021 hit-and-run on Interstate 40, west of Gallup.

State Police Agent Larry Reuter charged Jagjeet Singh, of Indianapolis, on Jan. 20, 2021, with two counts of leaving the scene of an accident resulting in great bodily injury or death, one count of possession of a controlled substance: heroin, one count of possession of a controlled substance: methamphetamine and one count of possession of drug paraphernalia.

Singh is charged for allegedly killing Jessica Ann Copey, 24, of Tohlakai, and her unnamed infant.

Singh pleaded not guilty when he was initially arraigned on Jan. 21, on just the leaving the scene of an accident charges, and Gallup Magistrate Judge Virginia Yazzie released him on an unsecured $100,000 bond.

Reuter later filed an amended complaint, charging him with the drug offenses, and he is set to be arraigned a second time, with an interpreter, on Feb. 2. The case was reassigned, for unlisted reasons, to Los Alamos Magistrate Judge Pat Casados.

Mug shot of Jagjeet Singh in case M-35-FR-2021-0021
Jagjeet Singh

The case started on Jan. 19, 2021, around 9:30 p.m., when the McKinley County Sheriff’s Office received a call about a woman walking east on I-40, around mile marker 15, west of Gallup. A “short time later,” a State Police officer driving that way saw a large object, a shoe and debris from a vehicle in the road and in the median. A deputy then arrived and they both discovered, in the median, Copey’s body and her infant, also dead, in a car seat, State Police Officer Dusty Francisco wrote in a press release.

Investigators “learned” that Copey was carrying her child in the car seat while walking in the left lane of I-40 when he was hit by a tractor-trailer, who did not stop. An attempt to locate the driver was broadcast to state and local law enforcement agencies. On Jan. 20, 2021, a day later, a McKinley County Sheriff’s deputy located a tractor-trailer with heavy front-end damage parked at the Flying J’s Truck Stop nears Jamestown, Francisco wrote.

In an amended statement of probable cause for Singh’s arrest, State Police Agent Larry Reuter wrote that state police officers recovered a blue bumper and a headlight where Copey and the child were killed.

Reuter wrote that State Police arrives “arrived” at the truck stop and saw Singh’s vehicle, which was missing the bumper and headlight, which matched those found on the interstate. Jagjeet Singh and his passenger, Gurcharan Singh, were “detained” and brought to the State Police office in Gallup.

Gurcharan Singh told Reuter that he received a call from Jagjeet Singh at 12:10 a.m., Jan. 20, that he hit a deer and he needed help to replace his headlight. Gurcharan Singh was headed west on I-40 and stopped at the gas station, Reuter wrote.

“Gurcharan told me he was not told anything about Jagjeet hitting a person,” Reuter wrote.

Reuter wrote that he then interrogated Jagjeet Singh, after reading him his Miranda rights. Reuter made no mention of reading him his Miranda rights in any language other than English or that Jagjeet Singh had, or did not have, trouble understanding him.

In court documents, Jagjeet Singh indicated he needs a Punjabi interpreter. Miranda rights are supposed to be knowingly and intelligently waived.

Jagjeet Singh allegedly told Reuter he knew he hit someone who had long, white hair, Reuter wrote.

“Jagjeet confirmed he had observed the person walking from North side of the median and walking Southbound across the highway,” Reuter wrote. “Jagjeet told me he took the exit at mile marker 16, stopped and looked in his mirror but could not see anyone in his mirror. Jagjeet never called the police and did not stop to look for the person he hit.”

Jagjeet Singh allegedly told Reuter he called his cousin who asked why someone would be walking in the road and suggested he hit an animal instead. He drove to the truck stop, where he stayed until he was arrested, Reuter wrote. The cousin is not identified in court documents.

“Jagjeet drew a diagram of where his CVE was positioned when he struck the female,” Reuter wrote. “Jagjeet could not give an answer why he did not call the police or attempt to render aid to the victims he hit.”

When agents searched Jagjeet Singh’s tractor-trailer, they found two bags of a brown powder-like substance weighing 34.8 grams and a white crystalline substance weighing 5.6 grams. The drugs were tested, and came back as heroin and methamphetamine although Reuter did not write what kind of test was conducted, by whom or the presumed accuracy.

Field drug tests “routinely” show false-positive results, according to ProPublica.

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Continue reading “State Police charge Indianapolis man with running over woman, infant, west of Gallup”

Jagjeet Singh: Jessica Ann Copey, unnamed infant — 1-19-2021

  • Suspect: Jagjeet Singh
  • Victim: Jessica Ann Copey, 24
  • Victim: Unnamed infant
  • Date of incident: Jan. 19, 2021
  • Charges: One count of leaving the scene of an accident resulting in great bodily injury or death, one count of possession of a controlled substance: heroin, one count of possession of a controlled substance: methamphetamine and one count of possession of drug paraphernalia; an additional count of leaving the scene of an accident resulting in great bodily injury or death was dismissed by a judge in magistrate court.
  • Status: Bound over to district court
  • Investigating Agency: State Police
  • Investigator: Larry Reuter
  • Incident Location: Interstate 40 near mile marker 15, west of Gallup
  • Judicial District: 11th Judicial District
  • Prosecuting agency:  11th Judicial District Attorney’s Office, Div. II
  • Prosecutor: Martin Bernadine
  • Defense attorney: David Serna
  • Magistrate case number: M-35-FR-2021-0021
  • Magistrate Judge: Pat Casados
  • District Case number: D-1113-CR-2021-00017
  • District judge: Robert Aragon

Summary

On Jan. 19, 2021, truck driver Jagjeet Singh, 24, of Indianapolis, allegedly ran over Jessica Ann Copey, 24, of Tohlakai, and her infant who was in a car seat, as she walked on I-40, then parked at a truck stop until police arrested him the next day.

Although an investigators wrote that Singh waived his Miranda rights and admitted to running over someone, he has also requested an interpreter in court proceedings and there is no indication that an interpreter read him his rights. Miranda rights are supposed to be knowingly and intelligently waived.

Magistrate Judge Virginia Yazzie released him on an unsecured $100,000 bond following his first appearance on Jan. 21, 2021. Magistrate Judge Pat Casados dismissed one charge of knowingly leaving the scene of a crash and bound him over to district court following a preliminary examination on March 3, 2021.

The incident

On Jan. 19, 2021, around 9:30 p.m., the McKinley County Sheriff’s Office received a call about a woman walking east on Interstate 40, around mile marker 15, west of Gallup. A “short time later,” a State Police officer driving that way saw a large object, a shoe and debris from a vehicle in the road and in the median. A deputy then arrived and they both discovered, in the median, the body of Jessica Ann Copey, 24, of Tohlakai and her infant, also dead, in a car seat, State Police Officer Dusty Francisco wrote in a press release.

Mug shot of Jagjeet Singh in case M-35-FR-2021-0021
Jagjeet Singh

Investigators “learned” that Copey was carrying her child in the car seat while walking in the left lane of I-40 when he was hit by a tractor-trailer, who did not stop. An attempt to locate the driver was broadcast to state and local law enforcement agencies. On Jan. 20, 2021, a day later, a McKinley County Sheriff’s deputy located a tractor-trailer with heavy front-end damage parked at the Flying J’s Truck Stop nears Jamestown, Francisco wrote.

In an amended statement of probable cause for Jagjeet Singh’s arrest, State Police Agent Larry Reuter wrote that state police officers recovered a blue bumper and a headlight where Copey and the child were killed. Singh, 24, is from Indianapolis, Indiana.

Reuter wrote that State Police arrives “arrived” at the truck stop and saw Singh’s vehicle, which was missing the bumper and headlight, which matched those found on the interstate. Jagjeet Singh and his passenger, Gurcharan Singh, were “detained” and brought to the State Police office in Gallup.

Gurcharan Singh told Reuter that he received a call from Jagjeet Singh at 12:10 a.m., Jan. 20, that he hit a deer and he needed help to replace his headlight. Gurcharan Singh was headed west on I-40 and stopped at the gas station, Reuter wrote.

“Gurcharan told me he was not told anything about Jagjeet hitting a person,” Reuter wrote.

Reuter wrote that he then interrogated Jagjeet Singh, after reading him his Miranda rights. Reuter made no mention of reading him his Miranda rights in any language other than English or that Jagjeet Singh had, or did not have, trouble understanding him.

In court documents, Jagjeet Singh indicated he needs a Punjabi interpreter. Miranda rights are supposed to be knowingly and intelligently waived.

Jagjeet Singh allegedly told Reuter he knew he hit someone who had long, white hair, Reuter wrote.

“Jagjeet confirmed he had observed the person walking from North side of the median and walking Southbound across the highway,” Reuter wrote. “Jagjeet told me he took the exit at mile marker 16, stopped and looked in his mirror but could not see anyone in his mirror. Jagjeet never called the police and did not stop to look for the person he hit.”

Jagjeet Singh allegedly told Reuter he called his cousin who asked why someone would be walking in the road and suggested he hit an animal instead. He drove to the truck stop, where he stayed until he was arrested, Reuter wrote. The cousin is not identified in court documents.

“Jagjeet drew a diagram of where his CVE was positioned when he struck the female,” Reuter wrote. “Jagjeet could not give an answer why he did not call the police or attempt to render aid to the victims he hit.”

When agents searched Jagjeet Singh’s tractor-trailer, they found two bags of a brown powder-like substance weighing 34.8 grams and a white crystalline substance weighing 5.6 grams. The drugs were tested, and came back as heroin and methamphetamine although Reuter did not write what kind of test was conducted, by whom or the presumed accuracy.

Field drug tests “routinely” show false-positive results, according to ProPublica.

Magistrate Judge Virginia Yazzie initially released Jagjeet Singh on a $100,000 unsecured bond at his first appearance on Jan. 21, 2021. He is set to be arraigned on the amended criminal complaint, which added the drug charges, on Feb. 2, 2021, in front of Magistrate Judge Pat Casados. An interpreter is scheduled for that hearing, according to the docket.

Bound over to district court

On March 4, 2021, following a preliminary hearing, Casados bound over Jagjeet Singh on one count each of leaving the scene of an accident resulting in great bodily injury or death, possession of a controlled substance: heroin, possession of a controlled substance: methamphetamine and possession of drug paraphernalia.

Casados dismissed one count of leaving the scene of an accident resulting in great bodily injury or death, according to her order.

District court arraignment

On March 22, prosecutors filed a criminal complaint against Singh in Gallup District Court, after Casados bound him over.

He was arraigned virtually on April 26, 2021, and pleaded not guilty to all the charges through a Punjabi interpreter.

He is allowed to drive throughout the state of Indiana and also is allowed to go back to New Mexico to pick up his semi-trailer and drive it back to Indiana.

A pre-trial conference is set for Aug. 2, 2021, followed by a tentative jury trial for Sept. 14, 2021.

See the case files on Document Cloud or Google Drive.

Past stories

Indiana man arraigned for death of woman near Gallup in hit-and-run crash

Judge dismisses one hit-and-run charge for man accused of killing woman, her infant, west of Gallup

State Police charge Indianapolis man with running over woman, infant, west of Gallup

Case documents