Sentencing delayed again for Allister Quintana in Dulce torture killing

Update: Sentencing has been moved to April 6, 2021

• 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

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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See all the documents for Allister Quintana or Andrew Bettelyoun on Google Drive. View the case files of Allister Quintana or Andrew Bettelyoun on Document Cloud.

Continue reading “Sentencing delayed again for Allister Quintana in Dulce torture killing”

Allister Quintana sentencing moved to February 2021 in Dulce torture case

Update: Sentencing has been tentatively moved to March 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.

Continue reading “Allister Quintana sentencing moved to February 2021 in Dulce torture case”

Sentencing in Dulce torture case moved to October

Update: Sentencing has been tentatively moved to March 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”