Man charged for double DWI homicide in Dexter set for arraignment

John Ensor is accused of crashing head-on into another car near Dexter, killing two girls, on April 4, 2021
• He waived a preliminary hearing

The district court arraignment is set for 9 a.m., May 17 in Roswell
• Ensor is being held without bail pending trial after being found a danger to the community

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

ROSWELL, N.M. — John Ensor‘s vehicular homicide case, for the fiery deaths of two Dexter girls after he allegedly crashed head-on into them while driving drunk or high, was moved to district court after Ensor waived a preliminary hearing.

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

Fifth Judicial District Attorney’s Office prosecutor Taylor Jaggers filed the criminal information on April 28, 2021, charging Ensor, 33, of Roswell, with the same seven charges levied in magistrate court: two counts of DWI vehicular homicide and one count each of possession of a controlled substance: methamphetamine, driving on a license revoked for DWI, overtaking on the left, driving an unregistered vehicle and no insurance.

Ensor’s waiver does not state if he received any benefit or consideration from the prosecutor for waiving the hearing.

His arraignment is set for 9 a.m., May 17 in Roswell at the Chaves County Courthouse.

Jaggers wrote that he would have called six witnesses if the judge held a preliminary hearing: State Police Officer Trent Eby, Jason Knapp, Kiersten Harzewski, State Police Officer Marcus Gonzales, Mari Scott-Cihiy and Robert Sparks.

Eby wrote in an affidavit for a criminal complaint that, on April 4, 2021, Ensor was trying to pass multiple vehicles on State Road 2 near Crockett Yard Road in Dexter, when he crashed head-on into the Ford Focus driven by Danae Sosa, 17. Her sister, Darely, 12, was in the car with her.Eby wrote, based on an investigation by State Police Officer Marcus Gonzales, that multiple witnesses said after the crash, the sisters were unconscious and trapped in the car, which soon burst into flames. Officers found a syringe of alleged heroin and methamphetamine on the floorboard of his car.

“Witnesses reportedly attempted to extract Danae and Darely Sosa from their vehicle before it engulfed in flames but were unable to do so due to the amount of damage their vehicle sustained,” Eby wrote.

Ensor was initially released, once he got out of the hospital, and ordered to appear for a future court appearance. Prosecutors then filed to have him held in jail until trial and at an April 16 hearing, District Judge Thomas Lilley found a danger to the community.

In an order outlining his reasoning filed on April 22, Lilley wrote that Ensor has “established a pattern and practice of dangerous driving,” based on the homicide case as well as two prior drunk driving convictions.

Sisters Danae and Darely Sosa were remembered, in their obituaries.

Danae Sosa was a senior at Dexter High school and also attended the Goddard High School. She was part of the volleyball and track teams her freshman and sophomore years, according to her obituary.

“She enjoyed working out, shopping, thrifting, and spending time with family and friends. Her favorite things to do were playing Call of Duty, taking selfies, and listening to music,” according to her obituary.

Darely Sosa was a sixth-grade student at Dexter Middle School. In the fifth grade at Washington Avenue Elementary School, she was the vice president of her class and always on the honor roll, according to her obituary.

“Darely was a loving and compassionate person who enjoyed spending time with her sisters. She enjoyed reading, writing in her journal, playing Call of Duty, eating, and watching Anime. Darely was creative when it came to editing videos and photos, she always looked forward to it,” according to her obituary.

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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

Bobby Smith: Michael Evans — 1-29-2012

  • Suspect: Bobby Smith
  • Victim: Michael Evans
  • Charges: First-degree murder, shooting at or from a vehicle causing great bodily harm or death, tampering with evidence, receiving stolen property: a firearm
  • Status: No contest plea to second-degree murder, tampering with evidence and receiving a stolen firearm
  • Sentence: 13 years
  • Date of incident: Jan. 29, 2012
  • Agency: Artesia Police Department
  • Location: 105 South 4th, Artesia
  • County: Eddy
  • Magistrate case number: M-18-FR-2015-00068
  • District case number: D-503-CR-2015-00445
  • District court: Fifth Judicial District

 

Summary

On Jan. 29, 2012, Bobby Smith, 24, of Artesia, allegedly walked up to security guard Michael Evans, 24, of Artesia, after he failed to sneak up on him, and shot him in the left side of the head with a revolver armed with shotgun shells.

Bobby Smith

Smith’s neighbors reported hearing shooting earlier in the evening and described Smith as wearing the same clothing that the assailant was, based on surveillance footage.

On Jan. 30, 2012, Smith was arrested on an outstanding warrant.

On June 15, 2015, Artesia Police Department Detective David Rodriguez arrested Smith on a warrant charging an open count of murder.

Prosecutors filed a criminal information charging Smith with first-degree murder, shooting at or from a motor vehicle causing death, tampering with evidence and receiving stolen property on Oct. 27, 2015.

On Oct. 12, 2016, Smith’s attorney, Gary Mitchell, filed a notice of incompetency for Smith, based on a report by Dr. Eric Westfried. On April 3, 2018, he was found competent to stand trial, and again on Nov. 14, 2018.

On April 2, 2019, prosecutors filed an amended complaint charging him with second-degree murder, in addition to the other charges.

On May 6, 2019, he pleaded no contest to second-degree murder, tampering with evidence and receiving a stolen firearm. Fifth Judicial District Judge Jane Shuler Gray accepted his plea and sentenced him to 13 years in prison.

He received pre-confinement credit of 2,653 days (7 years).

The incident

Security guard Michael Evans, 24, was patrolling, Jan. 29, 2015, around 105 South 4th Street in Artesia when he noticed someone was trying to sneak up on him.

Sculpture in Artesia, NM. Photo by Justin Miller/Flickr. CC BY-NC

A little before 10:46 p.m., he called 911 and said the man tried to get him while he was parked by the Derrick Statute, Artesia Police Department Detective David Rodriguez wrote in a statement of probable cause for Bobby Smith’s arrest, filed June 15, 2015.

“Evans stated he lost sight with the male subject but then stated the subject was heading towards him,” Rodriguez wrote. “While talking with dispatch, the telephone conversation was terminated.

Sgt. Christopher Boor told Rodriguez that when he got into the area, he saw Evans’ work truck had crashed into a building in the alley between 4th and 5th streets.

“Sgt. Boor reported he approached the truck and observed a male subject inside the truck in the driver’s seat with an apparent gun-shot wound to the head,” Rodriguez wrote. “Sgt. Boor notified dispatch and requested EMS.”

Detective Tim Argo told Rodriguez he viewed the security cameras from the Yates Petroleum Building and saw Evans’ truck drive east down the alley while a person wearing blue jeans, a green sweater and a blue bandanna over his face walked toward the truck.

Rodriguez did not specify how Argo was able to determine colors from footage taken outside at night.

“The subject raised their left hand towards the Dodge pickup and walked up to the driver’s side window while at the same time pulling an item that appears to be a chrome or nickel in color handgun from the right front of the subject’s pants and point the handgun at Michael Evans,” he wrote. “The subject then ran west bound down the alley out of the camera’s view.”

Evans’ truck then, as seen in surveillance footage, crashed into a post. Officers arrived two minutes later and found Evans, shot in the left side of the head and his left arm.

“The gunshot wound on his left arm entered and exited,” Rodriguez wrote. “In the wound was a clear plastic object that appeared to be wadding from a .410 caliber shotgun shell.”

Earlier in the day, Officer Gracie Gonzales was dispatched to 9th and Texas streets because someone reported shots had been fired. She told Rodriguez that she walked to multiple tenants in the area, Rodriguez wrote.

“Melissa and Alice Duncan told Officer Gonzales after they heard 4 or 5 shots and they came out of their apartment to see what was going on, and they saw tenant Bobby Smith walking back into his house hunched over as if he was trying to conceal something,” Rodriguez wrote. “Melissa Duncan told Officer Gonzales Bobby Smith left his residence on January 29, 2012 between 2200 (10 p.m.) and 2230 (10:30 p.m.).”

Karla Parada told Gonzales that she also heard five or six shots. She immediately dropped to the ground.

Later in the night, Parada allegedly saw Smith allegedly walking away from his apartment between 9 and 9:36 p.m. He was wearing a green sweater with a design on the front and a black bandanna on his head, the alleged description of the assailant from the surveillance footage.

She saw him standing by her truck, looking inside, before he walked down Texas Street.

Marcos Herrera said Smith asked him for a cigarette earlier in the evening and they smoked together.

“(While they were smoking, Smith told Herrera if he needed anyone taken care of, he would shoot them. Herrera then ended the conversation,” he wrote.

On Jan. 30, 2015, Smith was arrested on an outstanding warrant.

On Jan. 31, detectives and officers executed a search warrant on Smith’s apartment in the 900 block of West Texas Street. In the apartment, they allegedly found clothing that matched the suspect’s clothing.

To get into the house, they had to break the back door open because the manager did not have a key. Smith had been arrested the previous day on a warrant.

In the apartment, they found .45 caliber casings and live .410 shotgun shells and a chrome Taurus Judge revolver in the ceiling of the bedroom.

“The a nickel or chrome colored Taurus Judge revolver with black grips that is capable of using .45 Long Colt bullets and .410 shotgun shells,” Rodriguez wrote. “A copy of the lease agreement was obtained and it stated Bobby Smith was the tenant of the apartment.”

The pathologist, who conducted the autopsy on Evans, confirmed that it was a .410 shotgun shell that killed him.

That gun had been reported as stolen on Sept. 19, 2011, from a truck parked in the 700 block of West Quay in Artesia. The truck owner told police someone broke the front windshield of his 2011 Ford with a big rock and stole the Taurus revolver, capable of shooting .45 bullets or .410 shotgun shells.

When police checked serial numbers, they found the gun found in the ceiling allegedly matched the serial number of the one that had been stolen.

A past address for Smith showed he lived in the 600 block of West Quay, a block away from the theft.

On June 15, 2015, Rodriguez arrested Smith on a warrant charging an open count of murder. Below is the statement of probable cause for his arrest.

 

Competency in question

On Oct. 27, 2015, prosecutors filed criminal information charging Smith with:

  • First-degree murder
  • Shooting at or from a vehicle causing great bodily harm or death
  • Tampering with evidence
  • Receiving stolen property: a firearm

The information was filed after Smith’s lawyer waived a preliminary hearing.

Bobby Smith

On April 19, 2015, Smith was present for a competency hearing, according to an order for continued care and treatment.

District Judge Jane Shuler-Gray found Smith, in a Jan. 4, 2016 order, competent to proceed in the criminal case, but found that Smith needed continued care and treatment at the New Mexico Behavior Health Institute, which agreed to provide him care

On Oct. 12, 2016, Smith’s lawyer, Gary Mitchell, filed a notice of incompetency, based on consultation with Dr. Eric Westfried, who twice examined Smith.

Smith is incompetent to stand trial because he could not cooperate with or assist his attorney, Mitchell wrote.

“Dr. Westfried reports his absence of cooperation was similar to that experienced in 2012, being the product of a severe mental disorder,” Mitchell wrote. “During 2012, Dr. Westfried had suspected a psychosis that would have been part of a schizophrenia disorder, and his being observed at the state hospital forensic division confirmed that suspicion.”

In 2012, Smith was charged with possession of a firearm by a felon. That case was dismissed due to Smith being incompetent, according to the online docket.

Smith, as of Mitchell’s Oct. 12, 2016 motion, was no longer on his medication.

“Records from the state hospital indicate that when he was not taking antipsychotic medication, he was not capable of proceeding on his charges,” Mitchell wrote. “Once he was stabilized on the psychotropic medication, it was then the opinion of the state hospital examiner that he was capable of proceeding. In Dr. Westfried’s opinion, his refusal to take medication at the present time has resulted in recurring signs and symptoms of psychosis. Consequently, he is not capable of rationally assisting in his defense.”

Smith had previously been sent to the New Mexico Corrections Department in March 2017 after the Eddy County Detention Center found they were not capable of safely housing him.

On Oct. 12, 2016, Smith’s attorney, Gary Mitchell, filed a notice of incompetency for smith, based on a report by Westfried. On April 3, 2018, he was found competent to stand trial, and again on Nov. 14, 2018.

 

No-contest plea

On April 2, 2019, prosecutors filed an amended complaint charging him with second-degree murder, in addition to the other charges.

On May 6, 2019, he pleaded no contest to second-degree murder, tampering with evidence and receiving a stolen firearm. The plea states the prosecution would argue for a sentence of seven to 13 years, although it is not clear if that was binding on the judge. Shuler-Gray accepted his plea and sentenced him to 13 years in prison.

He received pre-confinement credit of 2,653 days (7 years).

 

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