Raylan Reano sentenced to 9 months for probation violation, supervised release terminated

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ALBUQUERQUE, N.M. — Raylan Reano will be free from the federal court system after he serves nine months in prison after he admitted to violating the provisions of his supervised release.

Mug shot of Raylan Reano from the Santa Fe County Detention Center
Raylan Reano

Federal District Judge James Parker sentenced Reano, 27, of Zuni, to serve the nine months concurrently, or at the same time as, a sentence in Zuni tribal court, where Reano pleaded guilty to resisting arrest, intoxication, criminal mischief and drug abuse, according to court records.

Reano admitted to violating the conditions of his supervised release, including that he failed to report at a halfway house as ordered and committed more crimes while he was on release, during the Dec. 4, 2020 hearing, according to the minutes.

After Reano serves those nine months, he will be released from the supervised release he was on after serving a two-year sentence for killing his girlfriend in a drunk-driving crash.

Reano killed his girlfriend, Nicky Chavez, 26, in a drunk driving crash on Oct. 23, 2016. Parker sentenced him to two years on March 21, 2019 followed by three years of supervised release, after he previously pleaded guilty to involuntary manslaughter, a sentence served at the same time as multiple tribal sentences.

It is unclear from court records why Reano will be released early from his sentence of three years supervised release.

During the Dec. 4, 2020 hearing, federal prosecutor Sarah Mease asked that Reano be placed on supervised release. The minutes do not document what his attorney, Aric Elsenheimer, asked of the judge.

Reano’s issues with supervised release started the day the day he got out of prison, Jan. 3, 2020, after he admitted to using methamphetamine and Suboxone and he tested positive for drugs on Jan. 3, 4 and 7, 2020, Probation officer Christopher Fiedler wrote in a petition for a revocation of his supervised release filed March 25, 2020. In March, he was ordered to report to a halfway house, which he did not.

On Aug. 25, 2020, Parker ordered Reano remanded to prison for five months after he admitted to violating the conditions of his release by failing to follow the instructions of his probation officer, failing to reside at a halfway-house after his release and taking drugs, according to a judgement signed by Parker.

After he was released a second time, his probation officer again asked his supervised release be revoked in September after he failed, again, to report to a halfway house. Reano was subsequently arrested on Oct. 28, 2020 and held without bail pending the Dec. 4, 2020 hearing.

The case

According court documents and an autopsy report, on Oct. 23, 2016, Reano, with a blood-alcohol content of 0.365, drove off State Road 53, overcorrected and flipped, ejecting Chavez, killing her.

According to a response to a sentencing memorandum by Mease, witnesses said Reano was driving recklessly and at a “high rate of speed” when he lost control of his car and it rolled. He had a blood-alcohol content level, or BAC, of 0.365, over four times the legal limit of 0.08, and in the area of possible alcohol poisoning, which Mease described as “shockingly high.”

On Nov. 28, 2017, over a year after Raylan Reano killed Chavez, a federal grand jury indicted him on a single charge of involuntary manslaughter. The case was filed with the federal court on Dec. 5, 2017.

On March 23, 2018, just three months after his indictment, Reano pleaded guilty to a single charge of involuntary manslaughter, a deal prepared by prosecutor Sarah Mease and accepted by federal Magistrate Judge Karen Molzen.

There was no agreement in the plea as to sentence, but prosecutors agreed that the judge should reduce Reano sentence by six months because of his six-month sentence in tribal court for killing Chavez, according to the plea.

On March 21, 2019, District Judge James Parker sentenced Reano to two years, the minimum suggested for a level I criminal history after six months was subtracted for time served in tribal jail, and allowed him to serve the sentence at the same time as his convictions in tribal court. That was to be followed by supervised probation for three years, according to the court docket.

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Maroquez Clah receives 3-year sentence for fatal crash in San Juan County

  • Judge Kea Riggs sentenced Maroquez Clah to just over 3 years for the fatal DWI crash
  • Clah pleaded guilty to involuntary manslaughter without a plea deal

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

ALBUQUERQUE, N.M. — Maroquez Clah, 28, of Red Rock, Ariz., received a sentence just over three years for killing Darrell Chavez, 22, in a 2019 drunk driving crash near Mitten Rock, after he pleaded guilty without a plea deal to involuntary manslaughter.

District Judge Kea Riggs ordered Clah,  serve three years on supervised release after he is released from prison when she sentenced him on Dec. 15, 2020, according to minutes from the hearing. He must also pay $4,500 in restitution.

Mitten Rock, off of Navajo Route 13 (Indian Services Route 13), New Mexico. Photo by James St. John/Flickr. CC-BY

Chavez’s father, Kinsey Chavez, addressed the judge through a Navajo interpreter, but what he said is not memorialized in the minutes. Clah also made a statement to the judge.

Riggs gave him two days to turn himself in to begin serving his sentence, according to the minutes.

What sentence Clah’s attorney, Emily Carey, argued for, or what sentence federal prosecutor Novaline Wilson asked for, is unknown as the minutes do not memorialize either of their stances.

No sentencing memorandums appear in the court docket either, although the docket is missing eight entries between when Clah pleaded guilty (entry 37) and the entry of judgement (entry 52)in the case.

Improperly sealed documents appear to be a problem in New Mexico’s federal court, as outlined by Jeff Proctor, writing in New Mexico In Depth. He found a pattern and practice by prosecutors and public defenders to improperly seal documents in federal criminal cases, contrary to local and federal rules on sealing procedures.

Clah had been on pre-trial release pending sentencing in Red Rock, Ariz., where he was taking care of his ailing parents during the pandemic. Magistrate Judge Paul Briones initially ordered Clah stay at a halfway house, despite his need for surgery, medical treatments and his ailing parents needing help. Wilson argued that Clah should have been held without bail indefinitely, over the objections of the probation officer assigned to the case.. Carey appealed Briones’ order to Riggs, who ordered him released on April 20, 2020.

A federal grand jury indicted Clah on the involuntary manslaughter charge on Nov. 25, 2019. It was not entered into the federal court system until Dec. 3, 2019. Clah was not arrested until Feb. 14, 2020. His arrest warrant return was not entered into the online court system.

The crash

FBI Agent Lancy Roundy wrote in a search warrant filed for Clah’s truck on Sept. 4, 2019, that Clah told federal investigators, while in the hospital, he had been drinking alcohol throughout the day prior to driving from Farmington to his home in Red Valley, Arizona. Chavez is referred to as “John Doe” in court records.

“Clah recalled John Doe being a passenger of his vehicle at some point during the drive,” Roundy wrote. “Clah admitted to drinking vodka approximately six hours prior to driving his vehicle home and remembered losing control of the vehicle while driving approximately 70 miles per hour before the vehicle rolled several times.”

Roundy wrote that, according to Clah’s hospital records from his treatment after the crash, his blood-alcohol content was 0.258, over three times the legal limit of 0.08.

According to Chavez’s autopsy report, he was not wearing a seatbelt and was ejected from the truck during the crash.

Continue reading “Maroquez Clah receives 3-year sentence for fatal crash in San Juan County”

Trudy Martinez sentencing postponed after Cibola jail stops transporting inmates

  • Judge William Johnson postponed Trudy Martinez‘s sentencing hearing
  • The private Cibola detention center is no longer transporting inmates for in-person court hearings

See the case write-up or read past stories

MILAN, N.M. — Trudy Martinez sentencing hearing, set for Nov. 30, 2020, has been postponed indefinitely because the Cibola County Correctional Center is no longer transporting inmates to courthouses for in-person hearings.

Photo of Trudy Martinez
Trudy Martinez

In an order issued Nov. 24, 2020, federal District Judge William Johnson wrote that suspension in transports is a result of the COVID-19 pandemic.

“The Court therefore vacates the 11/30/2020 Sentencing hearing pending further notice,” Johnson wrote in the docket.

Martinez, who had been held at the Santa Fe County Detention Center, previously requested her case be continued so that she could have an in-person pre-trial interview, conducted by the probation department to determine what her sentencing guideline should be. It appears she was transferred from Santa Fe on Sept. 18, 2020, according to a jail booking sheet.

Martinez pleaded guilty, March 16, 2020, to voluntary manslaughter and a firearm enhancement for shooting and killing her sister-in-law with an AR-15 in April 2019. Magistrate Judge Paul Briones accepted her plea and deferred final acceptance to the sentencing judge. Federal prosecutor Thomas Aliberti signed the plea deal and filed the criminal information charging her with voluntary manslaughter and the firearm enhancement.

Although Martinez was charged with an open count of murder for shooting her sister-in-law, Cornelia McCabe, 36, Aliberti filed the criminal information charging her with voluntary manslaughter. The case was never presented to a grand jury for an indictment.

Her sentence range is 10 to 15 years. Ten years is the minimum for the firearm enhancement and 15 is the maximum for voluntary manslaughter.

Johnson wrote in an Aug. 18, 2020 order that Martinez is not entitled to an in-person pre-trial interview and that the family of her victim may have to virtually attend the sentencing hearing depending on physical court closures.

Improperly sealed?

It is not clear if the defense or prosecution filed sentencing memorandums in the case.

Martinez’s two defense attorneys, Alonzo Padilla and Irma Rivas, appear to have improperly filed at least one motion under seal and 15 of the docket entries are missing, or 28 percent of the total docket.

The motion to delay Martinez’s sentencing because she wanted to be interviewed in person by probation officers appears to have been filed under seal, although the prosecution opposition to it was not, nor was the judge’s order referencing it.

Padilla did not return a request for comment and information on his presumably sealed motion.

Documents 38 and 39 appear to be sealed, as do documents 42 and 43 and seven documents, starting with 45 and ending with 52. Johnson’s order, continuing the sentencing because of COVID-19, is document 53 and the only public document before that was 44, resetting the sentencing hearing from 9:30 a.m. to 1:30 p.m. on Nov. 30, 2020.

Writing in New Mexico In Depth, Jeff Proctor illuminated a pattern and practice by prosecutors and public defenders to improperly seal documents in federal criminal cases, contrary to local and federal rules on sealing procedures.

“Judges, not lawyers, are supposed to decide which documents are made available to the public and which should remain secret through an established protocol based in part on decades of case law: Attorneys must submit a written request asking a judge to seal records and a judge must consent before records are sealed,” Proctor wrote.

The killing

Investigators talked to McCabe’s daughter who told them she came home from school and saw Martinez outside the house, cleaning up the yard, before she went into the house, FBI Agent Jeffrey Wright wrote in an affidavit for an arrest warrant.

Martinez first pushed her mother inside the house before going back to her truck to retrieve an AR-15 carbine, which she then loaded in the house. McCabe is referred to as “Jane Doe” in his affidavit.

“DOE attempted to take the rifle away from Martinez,” Wright wrote. “As DOE approached MARTINEZ at the entrance to the Hogan, MARTINEZ pointed the rifle at DOE and fired the weapon two times. The first round missed DOE, but the second round struck DOE in the abdomen, after which DOE fell to the floor.”

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Sentencing date set for Arizona man in fatal DWI crash

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

Update: The sentencing time has been updated to 10:30 a.m.

ALBUQUERQUE, N.M. — An Arizona man, who pleaded guilty to involuntary manslaughter for killing his friend in a 2019 drunk driving crash, is set to be sentenced remotely at 10:30 a.m., Dec. 15, 2020.

Mitten Rock, off of Navajo Route 13 (Indian Services Route 13), New Mexico. Photo by James St. John/Flickr

District Judge Kea Riggs is set to sentence Maroquez Clah, 28, of Red Valley, for the DWI crash that killed Darrell Chavez, 22, near Mitten Rock, according to the docket. Clah previously pleaded guilty without a plea agreement in front of Magistrate Judge John Robbenhaar. The maximum sentence for involuntary manslaughter is eight years.

Riggs previously ordered Clah released to his parents’ home in Red Valley, Ariz., after Magistrate Judge Paul Briones refused to release him, despite his medical needs.

The sentencing hearing will be conducted remotely and is assigned to the Bonito courtroom, numbered 540, according to the docket.

A federal grand jury indicted Clah on a charge of involuntary manslaughter on Nov. 25, 2019 for crashing his truck while drunk near Mitten Rock, killing Chavez. He was not arrested until Feb. 14, 2020.

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Fruitland man to receive 6-8 years for woman’s beating death

John Lodgepole’s plea sets his sentence at 6 to 8 years
• Lodgepole wrote he punched a woman in the head 10 times, then threw her to the ground
• While she was on the ground, he grabbed a cinderblock and smashed the back of her head
• When he saw she was still breathing, he propped up her legs and beat her ankles with a cane
• Federal prosecutor Raquel Ruiz-Velez proffered the binding plea deal

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

ALBUQUERQUE, N.M. — The Fruitland man who staved in a woman’s head with a cinderblock, then beat her ankles with a cane after he saw she was still alive, will be sentenced to 6 to 8 years for the killing, after he pleaded guilty on Nov. 3, 2020.

John Lodgepole, 21, was initially charged with murder and then indicted on a charge of voluntary manslaughter, which brings a maximum sentence of 15 years, down from the maximum sentences of life for first- and second-degree murder.

Federal prosecutor Raquel Ruiz-Velez‘s offered plea deal states Lodgepole can only be sentenced to 6 to 8 years in prison for the brutal beating death of his mother’s friend in Nenahnezad, if it is ultimately accepted by a federal district court judge. If accepted, the binding plea agreement controls the sentence range.

Magistrate Judge Steven Yarbrough accepted the plea, although he deferred final acceptance until sentencing in front of a district court judge, according to a plea minutes sheet.

Lodgepole wrote in a plea deal that he punched his mother’s friend in the head and face 10 times because she called him names and threatened him. He then threw her to the ground and then he took a cinderblock and “smashed the back of her head.” She is identified in court documents as M.W. (YOB: 1975).

“When I noticed that Jane Doe was still breathing, I took the block, placed it under her feet and used a cane to strike her ankles for approximately five or six times,” according to the plea deal.

No sentencing date has been set.

The press release from the U.S. Attorney’s Office on the plea makes no mention of the 6 to 8 year sentence.

Federal agents originally charged Lodgepole with murder after San Juan County Sheriff’s deputies found him covered in blood in the parking lot of the Chapter House, across the street from where he beat the woman to death, on Aug. 1, 2019.

His case remained sealed, despite his arrest, until 15 days after a grand jury indicted him on a charge of voluntary manslaughter on Oct. 9, 2019.

The incident

FBI Agent Jordan Spaeth wrote in an affidavit for a criminal complaint that Lodgepole’s mother, identified as E.L., told deputies she was drinking with the victim when her son threw M.W. to the ground and started kicking her in the head.

Earlier in the night, Lodgepole had been verbally abusive toward her and M.W., before he fatally attacked her, Spaeth wrote.

Outside the house, investigators found a bloody metal baseball bat and shoe prints near where M.W.’s body was found and resembled the soles of Lodgepole’s shoes.

A request for the autopsy report is pending.

Why voluntary manslaughter?

The federal charge of voluntary manslaughter is defined as the unlawful killing of someone without malice and “upon a sudden quarrel or heat of passion.” It is a downgrade from first- and second-degree murder.

According to the indictment, Lodgepole killed M.W. “upon a sudden quarrel and heat of passion, and therefore without malice.”

Lodgepole was initially charged with murder by Spaeth.

According to federal law, first-degree murder is done with “malice aforethought” and is “every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing.”

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr. CC-BY

First-degree murder is also when someone dies “as part of a pattern or practice of assault or torture against a child or children.” In the murder statute, torture is defined as the crime of torture, except without the requirement that the torturer is doing so “under the color of law.” Under that definition, torture is an act “specifically intended to inflict severe physical or mental pain or suffering.”

In the plea deal, Lodgepole said he took the cinderblock that he used to bash the back of M.W.’s head in with, put it under the legs and beat her ankles with a cane after he saw she was still breathing.

According to federal sentencing guidelines, a judge can increase a sentence beyond the sentencing guidelines if the perpetrator’s behavior was “unusually heinous, cruel, brutal, or degrading to the victim.”

“Examples of extreme conduct include torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation,” the guidelines state.

How the grand jury that indicted Lodgepole reached the conclusion that voluntary manslaughter was the appropriate charge is a mystery as grand juries are secret. The prosecutor’s signature on the indictment is inscrutable, although Ruiz-Velez is the only attorney listed on the docket.

However, multiple articles articulate how grand juries will follow the lead of the prosecutor presenting the case to them. In the case of Breonna Taylor, a grand juror said that homicide charges were never even presented to them.

University of Dayton Law Professor Susan Brenner wrote in a 1996 article that “the federal grand jury has become little more than a rubber stamp, indiscriminately authorizing prosecutorial decisions.”

A 2017 article in the Harvard Law Review that has no listed author opines that the failure to indict the officers who allegedly killed Michael Brown in Ferguson, Mo., and Eric Garner in Staten Island, N.Y., “merely drew public attention to flaws” that have been there the whole time.

“The complete prosecutorial control over the grand jury — particularly over the flow of information and grand jury procedure — solidifies the grand jury’s dependence on the prosecutor,” the anonymous author wrote.

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Zuni man arrested again after serving five months for absconding

Raylan Reano is back in jail after he allegedly refused to report to a halfway house and was arrested by Zuni tribal police
• He received a two-year sentence for killing his girlfriend in a drunk-driving crash

See the case write-up or previous stories

ALBUQUERQUE, N.M. — Five months after being sent to jail as a sanction for violating his supervised release and a month after being released, Raylan Reano is back in jail after he allegedly failed to report to a halfway house and was arrested by Zuni tribal police.

Reano, 27, of Zuni, was arrested on Oct. 28, 2020. The next day, federal Magistrate Judge Paul Briones ordered Reano held without bail during the release revocation. During the hearing, Reano waived his right to both a preliminary hearing and a detention hearing. Briones found that Reano is a danger to the community and there was a serious risk he would not appear for his next hearing.

Mug shot of Raylan Reano from the Santa Fe County Detention Center
Raylan Reano

Although court documents do not explicitly state when he was released after serving five months in jail, federal probation officer Christopher Fielder filed a petition to revoke Reano’s release on Sept. 11, 2020, after he confirmed, the previous day, that Reano did not go to the halfway house he had been ordered to for the first six months of his supervised release. He listed the sentence revocation range as three to nine months.

On Oct. 5, Fielder filed an amended petition to revoke Reano’s supervised release. Zuni tribal police arrested Reano on Sept. 30 for resisting arrest, intoxication, criminal mischief and drug abuse. He pleaded guilty on Oct 1, 2020, Fielder wrote.

On Oct. 28, Reano was arrested, according to the docket, although it is not clear if he was already in tribal custody.

A final revocation hearing is set for 2 p.m., Dec. 4, 2020, via Zoom.

Reano, 27, killed his girlfriend, Nicky Chavez, 26, in a drunk driving crash on Oct. 23, 2016. Federal District Judge James Parker sentenced him to two years, followed by three years of supervised release, after previously pleaded guilty to involuntary manslaughter, a sentence served at the same time as multiple tribal sentences.

Case timeline

According to federal court documents, Reano has repeatedly refused to comply with court instructions and ignored orders to spend the first six months of his release in a halfway house. To read more about the crash, the plea, or the arguments over sentencing, read the case write-up.

  • Oct. 23, 2016: Reano crashes his car while drunk near Ramah, killing girlfriend Nicky Chavez, 26.
  • Nov. 28, 2017: Reano is indicted on a single charge of involuntary manslaughter over a year after killing Chavez.
  • March 23, 2018: Reano pleads guilty to involuntary manslaughter and prosecutors agree any sentence should be reduced by six months because of a parallel tribal court conviction.
  • March 21, 2019: A year after Reano pleaded guilty, District Judge James Parker sentences him to two years in prison, the minimum suggested sentence for his criminal history, followed by three years supervised release.
  • Jan. 3, 2020: Reano is released from federal prison.
  • March 16, 2020: Parker grants Probation Officer Christopher Fielder’s request that Reano be ordered into a halfway house for six months after he “admitted to using methamphetamine and Buprenorphine (Suboxone) on January 3, 2020, while still in the custody of the Bureau of Prisons, the same day he commenced his term of supervised release.”
  • March 25, 2020: Fielder files a petition for the revocation of Reano’s supervised release, citing the drug use and that Reano went to live at home in Zuni instead of at the halfway house. The federal Bureau of Prisons previously listed him as absconding on March 24.
  • May 18, 2020: Magistrate Judge Laura Fashing allows Reano to remain out of custody when she hears his violation case on May 18. Fielder files an amended petition for a warrant or summons. The warrant is issued the following day.
  • June 18, 2020: Reano is arrested on a warrant and the next day, Magistrate Judge Kirtan Khalsa orders Reano be held without bail.
  • Aug. 25, 2020: Parker sends Reano back to jail for five months after Reano admitted to violating the conditions of his release by failing to follow the instructions of his probation officer, failing to reside at a halfway-house after his release and taking drugs, according to the judgement.
  • Sept. 11, 2020: Fielder files a second petition to revoke Reano’s supervised release after, on the previous day, he confirmed that Reano did not go to the halfway house as he had been required to.
  • Oct. 5, 2020: Fielder files an amended second petition and alleges that, on Sept. 30, Zuni tribal police arrested Reano for resisting arrest, intoxication, criminal mischief and drug abuse. He pleaded guilty on Oct 1, 2020, Fielder wrote.
  • Oct. 28, 2020: Reano is arrested and the following day, Briones orders him held without bail. He also waives his rights to a preliminary and detention hearings.

Continue reading “Zuni man arrested again after serving five months for absconding”

Man set to plea in Nenahnezad beating death

• A change of plea hearing is set for Nov. 3, 2020
John Lodgepole was initially charged with murder for kicking a woman in the head, killing her, before he was indicted on a charge of voluntary manslaughter

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

ALBUQUERQUE, N.M. — A 21-year-old Fruitland man, accused of kicking a woman in the head and killing her in Nenahnezad, is set to plead on Nov. 3, 2020.

John Lodgepole‘s case is set for a change of plea hearing at 10 a.m., Nov. 3, 2020, according to a court docket.

Lodgepole was first arrested, and charged with murder, on Aug. 1, 2019, the night he allegedly kicked a woman in the head repeatedly, killing her. His case remained sealed, despite his arrest, until 15 days after a grand jury indicted him on a charge of voluntary manslaughter on Oct. 9, 2019.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

The indictment alleged he killed the woman “upon a sudden quarrel and heat of passion, and therefore without malice, unlawfully.” She is only identified by the initials M.W. and her year of birth, 1975. She is identified as a Navajo Nation member.

The change of plea hearing will be conducted through Zoom and in front of Federal Magistrate Judge Steven Yarbrough.

Lodgepole has previously pleaded no contest in a state case to two counts of battery on a healthcare worker, where he was to receive a conditional discharge after finishing probation. After he was arrested and charged with murder, he admitted to a probation violation and was sentenced to 319 days in prison, according to state court documents.

The incident

San Juan County Sheriff’s deputies responded on Aug. 1, 2019, to a house south of the Chapter House in Nenahnezad, after the owner called 911, Federal Bureau of Investigations Agent Jordan Spaeth wrote in an affidavit for a criminal complaint.

The homeowner, identified by her initials of E.L., told deputies she was drinking with the victim, M.W., when Lodgepole threw M.W. to the ground and started kicking her in the head, he wrote.

When investigators spoke to E.L., she said Lodgepole arrived at the house earlier that night and was verbally abusive toward her and M.W. As the night went on, he threw M.W. to the ground and kicked her in the head, he wrote.

“Lodgepole then fled the residence and E.L. contacted 911,” Spaeth wrote. “Deputies were notified a short time after arrival that Jane Doe was pronounced dead at the scene by Emergency Medical Personnel.”

Deputies found Lodgepole in the parking lot of the chapter house. He was covered in blood. They detained him and Navajo Police officers arrested him when they arrived on scene, he wrote.

Outside the house, investigators found a bloody metal baseball bat and shoe prints near where M.W.’s body was found and resembled the soles of Lodgepole’s shoes, he wrote.

The field investigator with the Office of the Medical Investigator found three wounds to M.W.’s head, including one that likely fractured her skull, he wrote.

Spaeth charged Lodgepole with murder.

Continue reading “Man set to plea in Nenahnezad beating death”

Joshua Gutierrez pleads to voluntary manslaughter for To’Hajiilee shooting

  • Joshua Gutierrez  pleaded guilty ahead of a grand jury indictment
  • The plea sets his sentence at 12 years, but final acceptance is at the discretion of the sentencing judge
  • He pleaded guilty to charges of voluntary manslaughter and discharging a firearm

See past stories or the case write-up

ALBUQUERQUE, N.M. — A To’Hajiilee man pleaded guilty Thursday, Oct. 15, 2020, in federal court to voluntary manslaughter and discharging a firearm for fatally shooting another man in an early-morning incident on March 29, 2020, on the reservation.

Joshua Gutierrez, 21, appeared via Zoom from a Cibola County detention center before Magistrate Judge Paul Briones who accepted Gutierrez’s guilty plea to a criminal information and set sentencing before a District Court judge at an undetermined time.

According to the plea deal, it is binding and Gutierrez will be sentences to 12 years. Final acceptance of the plea was deferred until sentencing by the district court judge, according to the form minutes.

Federal agents charged Gutierrez with murder in the death of Llewyn Platero, 36, on March 30, and Gutierrez has been in detention since.

The Route 66 Casino. Photo by Ken Lund/Flickr. CC-BY-SA

Gutierrez was staying at his girlfriend’s house on March 29 in To’Hajilee when guests of his girlfriend’s father including Platero, identified as “John Doe” in charging documents, and Platero’s brother, identified as “MK” began to scuffle, Assistant U.S. Attorney Allison Jaros said. Jaros signed the plea deal.

“My girlfriend entered the room and told them to leave,” Jaros said, reading aloud the facts of the case from Gutierrez’s point of view. “Shortly thereafter I armed myself with a handgun and began walking down the hallway. John Doe exited the room. As we passed each other in the hallway, John Doe swung at me. I shot John Doe in the chest.”

Gutierrez pointed the firearm at MK and another witness, JL, telling them, “I’ll shoot you too!” according to MK, FBI agent Dibiassi Robinson’s affidavit for a criminal complaint alleged. JL allegedly told MK “he’ll do it!”

MK and JL drove Platero toward Albuquerque, dialing 911 and stopping at the Route 66 Casino, according to Robinson.

Gutierrez “fled” the house on foot, Robinson wrote, and was found at his own home 1 1/2 miles away.

Another man, JG, told Robinson that Gutierrez “confided in him that he had shot DOE,” he wrote.

“JG told GUTIERREZ to ‘lay down, the cops will be here,'” Robinson wrote.

After being read his Miranda rights, Gutierrez allegedly told investigators he shot John Doe because he attempted to “assault” him and that the gun he used was at JG’s house. A .380 caliber pistol and one spent cartridge were found at that house.

Gutierrez’s plea deal waives any claim of self-defense, Jaros said.

When Briones asked Gutierrez if he felt he had enough time to talk about the case with his public defender, Sylvia A. Baiz, Gutierrez said, “Yeah, somewhat.”

Briones asked Gutierrez several additional questions about Baiz’s representation in which Gutierrez responded positively. With the plea deal, Gutierrez waives any appeal attempts except on the grounds of his representation.

Baiz said Gutierrez reached the plea deal ahead of a grand jury indictment deadline, which she said would have brought additional charges against Gutierrez.

Jaros said Platero’s family listened into the hearing, and would speak at sentencing.

Gutierrez’s next hearing was not scheduled at the conclusion of the plea hearing.

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Wheeler Cowperthwaite contributed to this report.

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Arizona man pleads to involuntary manslaughter without deal in DWI killing

Maroquez Clah pleaded guilty without a plea deal
• He faces a maximum sentence of eight years for killing Darrel Chavez, 22

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

ALBUQUERQUE, N.M. — Maroquez Clah pleaded guilty to involuntary manslaughter, Sept. 21, 2020, for killing his friend in a drunk driving crash near Mitten Rock.

Clah, 28, of Red Valley, Ariz., pleaded guilty without a plea agreement and he faces a maximum sentence of eight years for the Aug. 30, 2019 crash that killed Darrell Chavez, 22.

Panoramic photo of Red Valley, Arizona, with no buildings in sight.
Red Valley, about a mile west of the New Mexico state line, 36.5845 -109.0732, Apache County, Arizona, 5/17/2014. Photo by Patrick Alexander/Flickr. CC BY-NC-SA

According to the plea minute sheet, Magistrate Judge John Robbenhaar accepted the plea. Robbenhaar allowed Clah to remain on his current conditions of release. He is living with his parents in Red Valley.

According to a proffer of evidence at trial filed by federal prosecutor Novaline Wilson, Clah acted with “wanton and reckless disregard for human life” when he drove drunk.

No sentencing date has been set.

A grand jury indicted Clah on a charge of involuntary manslaughter on Nov. 25, 2019 for crashing his truck while drunk near Mitten Rock, killing Chavez. He was not arrested until Feb. 14, 2020.  Federal Magistrate Judge Paul Briones released him to a halfway house over the objection of prosecutor Wilson. Briones refused to release him to his home in Red Valley to help his ailing parents amid the coronavirus pandemic. Federal District Court Judge Kea Riggs overruled Briones and ordered him released on April 20, 2020.

Details of the crash

FBI Agent Lancy Roundy wrote in a search warrant filed for Clah’s truck on Sept. 4, 2019, that Clah told federal investigators, while in the hospital, he had been drinking alcohol throughout the day prior to driving from Farmington to his home in Red Valley, Arizona. Chavez is referred to as “John Doe” in court records.

“Clah recalled John Doe being a passenger of his vehicle at some point during the drive,” Roundy wrote. “Clah admitted to drinking vodka approximately six hours prior to driving his vehicle home and remembered losing control of the vehicle while driving approximately 70 miles per hour before the vehicle rolled several times.”

Roundy wrote that, according to Clah’s hospital records from his treatment after the crash, his blood-alcohol content was 0.258, over three times the legal limit of 0.08.

According to Chavez’s autopsy report, he was not wearing a seatbelt and was ejected from the truck during the crash.

Continue reading “Arizona man pleads to involuntary manslaughter without deal in DWI killing”

Judge rules Trudy Martinez has no right to in-person pre-sentence interview

  • Judge William Johnson wrote Trudy Martinez has no right to an in-person interview with the probation officers preparing her pre-sentence report
  • Martinez pleaded guilty in March 2020 to voluntary manslaughter and a firearm enhancement
  • Alonzo Padilla’s motion does not appear in court records and he did not respond to questions about the possible improper sealing of his motion

See the case write-up

Update: Trudy Martinez’s sentencing hearing has been moved to 1:30 p.m., Nov. 30, 2020.

ALBUQUERQUE, N.M. — Trudy Martinez, 29, of Twin Lakes, has no right to an in-person interview with the federal probation officers tasked with preparing a pre-sentence report and determining the range of her suggested sentence, a federal district court judge ruled.

Trudy Martinez

Martinez pleaded guilty on March 16, 2020, to voluntary manslaughter and a firearms enhancement for shooting her sister-in-law Cornelia McCabe with an AR-15 on April 26, 2019. She faces a sentence of 10 to 15 years.

In an Aug. 18, 2020 order, District Judge William Johnson wrote he would grant Alonzo Padilla‘s motion to continue sentencing the case, but only because there was good cause and not because he agreed with Padilla’s position that Martinez was entitled to an in-person interview. He continued sentencing until Nov. 30, 2020.

“To be clear, Defendant is not entitled to an in-person interview with Probation for the purposes of completing her PSR,” Johnson wrote. “In fact, the Court finds her insistence on an in-person interview to be unreasonable, especially when she cites no legal authority which would require an in person interview, or even that an interview is required at all.”

Either Padilla or Irma Rivas, the other attorney representing Martinez, filed a motion on July 21, 2020, and in it said that he wanted a 90-day continuance “in order for an in-person presentence interview to be conducted given ‘the serious nature of this case,'” according to a response in opposition filed on July 23, 2020, by prosecutor Thomas Aliberti.

Padilla’s motion was numbered 36 and does not appear in the court docket. It also does not appear that Padilla filed a motion, or for permission to seal his motion to continue the case. Padilla, a public defender, did not return a request for information about his motion.

Writing in New Mexico In Depth, Jeff Proctor illuminated a pattern and practice by prosecutors and public defenders to improperly seal documents in federal criminal cases, contrary to local and federal rules on sealing procedures.

“Judges, not lawyers, are supposed to decide which documents are made available to the public and which should remain secret through an established protocol based in part on decades of case law: Attorneys must submit a written request asking a judge to seal records and a judge must consent before records are sealed,” Proctor wrote.

At the heart of Padilla’s request, which may be sealed in violation of court rules, is the demand that she be interviewed in person by probation. In-person interviews are problematic because of the coronavirus pandemic, according to court filings.

“The Court has no way of determining how long the pandemic and the corresponding ban on in-person visits at the Santa Fe Detention Center will last, or when an in-person interview can be safely conducted in the foreseeable future.” Johnson wrote.

Probation officers are “routinely” interviewing people in other criminal cases, leading Johnson to be at a “total loss to understand how Defendant is prejudiced if she’s interviewed by Probation with her
counsel participating utilizing videoconferencing or telephonic equipment.”

Johnson wrote he was admonishing Padilla that he will not grant further continuances solely because she wants an in-person interview.

“The PSR will be completed, with or without Defendant’s cooperation,” Johnson wrote. “The Court will consider Defendant’s ability to participate waived if she refuses to cooperate unless the interview is conducted in-person.”

Johnson wrote that Padilla also asked for more time to interview members of Martinez’s family, on the Navajo Nation, who are disproportionately impacted by the pandemic.

Sentencing is currently set for 9:30 a.m., Nov. 30 in the Cimarron courtroom in Albuquerque and will likely be available via video conference. (Update: Sentencing has been moved to 1:30 p.m.)

According to the plea deal, Martinez intentionally killed McCabe during a sudden quarrel and therefore, without malice.

One of McCabe’s children told investigators she witnessed her mother’s killing and that Martinez first pushed her mother before going back to her truck to retrieve an AR-15 carbine, which she then loaded in the house, FBI Agent Jeffrey Wright wrote in an affidavit for an arrest warrant. McCabe is referred to as “Jane Doe” in his affidavit.

“DOE attempted to take the rifle away from Martinez,” Wright wrote. “As DOE approached MARTINEZ at the entrance to the Hogan, MARTINEZ pointed the rifle at DOE and fired the weapon two times. The first round missed DOE, but the second round struck DOE in the abdomen, after which DOE fell to the floor.”

See the case files on Google Drive or on Document Cloud or See the full case write-up.

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Continue reading “Judge rules Trudy Martinez has no right to in-person pre-sentence interview”

Woman pleads guilty in 2019 Twin Lakes killing

  • Trudy Martinez pleaded guilty to voluntary manslaughter and a firearm enhancement
  • Martinez shot her sister-in-law, Cornelia McCabe, in the abdomen in Twin Lakes, in front of at least one of the woman’s children
  • She faces a minimum sentence of 10 years and a max of 15 years
  • Sentencing is tentatively set for Aug. 24, 2020

See the case write-up

ALBUQUERQUE, N.M. — A Twin Lakes woman pleaded guilty, March 16, 2020, to voluntary manslaughter and a firearm enhancement for shooting and killing her sister-in-law with an AR-15 in April 2019.

mug of Trudy Martinez
Trudy Martinez

Trudy Martinez, 29, of Twin Lakes, will spend at least 10 years in prison for killing Cornelia McCabe, 36, her sister-in-law. She is identified in court documents as C.M.

Martinez pleaded guilty in front of federal Magistrate Judge Paul Briones who deferred acceptance of the plea to the district judge sentencing her in the case, according to the minutes.

When she was first arrested, Federal Bureau of Investigations agents charged her with an open count of murder.

Federal prosecutor Thomas Aliberti signed the plea deal and filed the criminal information charging her with voluntary manslaughter and the firearm enhancement. Voluntary manslaughter carries a maximum sentence of 15 years while the firearm enhancement carries a minimum 10-year sentence.

According to the plea deal, Martinez intentionally killed McCabe during a sudden quarrel and therefore, without malice.

One of McCabe’s children told investigators she witnessed her mother’s killing and that Martinez first pushed her mother before going back to her truck to retrieve an AR-15 carbine, which she then loaded in the house, FBI Agent Jeffrey Wright wrote in an affidavit for an arrest warrant. McCabe is referred to as “Jane Doe” in his affidavit.

“DOE attempted to take the rifle away from Martinez,” Wright wrote. “As DOE approached MARTINEZ at the entrance to the Hogan, MARTINEZ pointed the rifle at DOE and fired the weapon two times. The first round missed DOE, but the second round struck DOE in the abdomen, after which DOE fell to the floor.”

Sentencing is tentatively scheduled for Aug. 24, 2020, at 10 a.m. in the Cimarron Courtroom in Albuquerque in front of District Court Judge William Johnson. It was moved to August after Martinez’s attorney, Irma Rivas, filed an unopposed motion to push out the sentencing date because Martinez wants her pretrial interview to be in person but the coronavirus pandemic has eliminated in-person visits at the Santa Fe County Detention Center, where she is being housed.

Continue reading “Woman pleads guilty in 2019 Twin Lakes killing”

Judge releases Arizona man to family amid the coronavirus pandemic

  • A federal district judge ordered Maroquez Clah released from an Albuquerque halfway house to his parents’ home in Red Valley, Ariz.
  • The district judge granted Clah’s appeal, overruling federal magistrate Judge Paul Briones, who refused to release him
  • Prosecutor Novaline Wilson opposed Clah’s release request in what could be an improperly sealed opposition 

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

ALBUQUERQUE, N.M. — A Red Valley, Ariz. man will get to return home to take care of his ailing father, help is elderly mother and raise his daughter after a federal District Court judge ordered him released from an Albuquerque halfway house, overruling a federal magistrate judge, and federal prosecutor, who wanted to keep him in a communal setting despite the risk of the coronavirus, in a ruling April 20, 2020.

Panoramic photo of Red Valley, Arizona, with no buildings in sight.
Red Valley, about a mile west of the New Mexico state line, 36.5850 -109.0712, Apache County, Arizona, 5/17/2014. Photo by Patrick Alexander/Flickr. CC BY-NC-SA

Federal District Court Judge Kea Riggs granted Maroquez Clah’s appeal on April 20, 2020, and ordered him released.

Clah is charged with involuntary manslaughter for allegedly crashing his truck while drunk, which killed Darrell Chavez, 22, on Aug. 30, 2019, near Mitten Rock, New Mexico. A grand jury indicted him on Nov. 25, 2019 but he was not arrested until Feb. 14, 2020 and released to a halfway house on Feb. 20, 2020, after he was arraigned by Federal Magistrate Judge Paul Briones, and over the objection of prosecutor Novaline Wilson. (Read more on the details of the crash in the case write-up or read previous stories about the case.)

Briones denied Clah’s request to be allowed to move to Red Valley, Ariz., to take care of his parents and daughter, on April 1, 2020 and wrote in his denial that the dangers of the halfway house were justified because of Clah’s “pattern of prior conduct” and that his defense attorney didn’t show that there are “sufficient safeguards” to protect the community from the risk of Clah drinking and driving, if he isn’t living at the halfway house.

Continue reading “Judge releases Arizona man to family amid the coronavirus pandemic”

Trial in Nenahnezad beating death postponed for third time

  • FBI agents originally charged John Lodgepole with murder for allegedly killing a woman by repeatedly kicking her in the head on Aug. 1, 2019
  • Despite being arrested, his case was sealed until a day before he was arraigned on an indictment for voluntary manslaughter
  • His case has been postponed three times already

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

ALBUQUERQUE, N.M. — John Lodgepole‘s trial on a charge of voluntary manslaughter for the alleged Aug. 1, 2019 beating death of a woman in Nenahnezad has been tentatively set for June 1, 2020.

A view from the Indian Service Route 36 near Nenahnezad. Photo by Gene Selkov/Flickr.

Lodgepole was first arrested, and charged with murder, on Aug. 1, 2019, the night he allegedly kicked a woman in the head repeatedly, killing her.

A federal grand jury indicted Lodgepole, 20, on a charge of voluntary manslaughter on Oct. 9, 2019, alleging “upon a sudden quarrel and heat of passion, and therefore without malice, unlawfully” killed a woman only identified by the initials M.W. (YOB: 1975).

Since he was arraigned on Oct. 28 by Magistrate Judge Kirtan Khalsa, his case has been continued three times at the request of his defense attorney, Melissa Morris. He pleaded not guilty during that hearing and waived a detention hearing.

A trial is tentatively set for June 1, 2020, per a court order to continue on March 10, 2020, but in her motion to continue the case, Morris wrote she has not begun plea negotiations with prosecutor Raquel Ruiz-Velez.

The incident

San Juan County Sheriff’s deputies responded on Aug. 1, 2019, to a house south of the Chapter House in Nenahnezad, after the owner called 911, Federal Bureau of Investigations Agent Jordan Spaeth wrote in an affidavit for a criminal complaint.

The homeowner, identified by her initials of E.L., told deputies she was drinking with the victim, M.W., when Lodgepole threw M.W. to the ground and started kicking her in the head, he wrote.

When investigators spoke to E.L., she said Lodgepole arrived at the house earlier that night and was verbally abusive toward her and M.W. As the night went on, he threw M.W. to the ground and kicked her in the head.

Continue reading “Trial in Nenahnezad beating death postponed for third time”

Judge: Arizona man not allowed to take care of ailing parents during coronavirus pandemic

  • Maroquez Clah wants to be released from an Albuquerque halfway house to his parents’ home in Red Valley, Ariz., because of the coronavirus and his parents’ health
  • Federal magistrate Judge Paul Briones wrote Clah poses too much of a risk to the community because of one prior drunk driving conviction
  • Prosecutor Novaline Wilson opposed Clah’s request in what could be an improperly sealed opposition 

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

ALBUQUERQUE, N.M. — Despite approval from pretrial services officers, the looming threat of the coronavirus pandemic and a father slipping into dementia, a federal magistrate judge on April 1 refused to let a Red Valley, Ariz. man return home to help his elderly parents, relying on what appears to be an improperly sealed filing by a U.S. Attorney’s Office prosecutor, and he is appealing the decision.

Mitten Rock, off of Navajo Route 13 (Indian Services Route 13), New Mexico. Photo by James St. John/Flickr

Maroquez Clah is charged with involuntary manslaughter for allegedly crashing his truck while drunk, which killed a passenger identified as D.C. (YOB: 1997), on Aug. 30, 2019, near Mitten Rock, New Mexico. A grand jury indicted him on Nov. 25, 2019 but he was not arrested until Feb. 14, 2020. According to the federal docket sheet, Clah was released to a halfway house in Albuquerque on Feb. 20, 2020, after he was arraigned by federal Magistrate Judge Paul Briones.

On April 1, Briones denied Clah’s request to move from a halfway house in Albuquerque to his parents’ home in Red Valley, filed March 23. Briones did not have a hearing and instead relied on the emergency motion filed by Clah’s attorney, Emily Carey, and the opposition filed under seal by prosecutor Novaline Wilson. However, Wilson’s filing under seal appears to be against court rules on sealing documents, which require a judge’s consent and are only supposed to be done for very good reasons.

According to the local rules and federal court 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.

Carey filed an appeal of Briones’ order on April 6, but no further documents or hearings have been docketed in the case.

She wrote in the initial motion that Briones, during the arraignment, said if Clah “performed well” at the halfway house, he would consider “possible modification” the conditions of his release. The current conditions restrict his travel to Bernalillo county. The minutes contain no details of what was said.

Wilson opposed Clah’s release pending trial during the arraignment, while pretrial officers suggested release, according to the minutes.

Carey wrote that Clah’s father is on dialysis and his health has recently declined and his mother, Bessie Begay, contacted her to say that his father has “developed something akin to dementia.”

Before being arrested, Clah “took on all of the household tasks and helped his mother with his father’s health care.” He also took care of his 4-year-old daughter, who is now in Begay’s custody, she wrote.

Continue reading “Judge: Arizona man not allowed to take care of ailing parents during coronavirus pandemic”

Judge gives drunk driver 6 years for killing woman, injuring her two children

  • Mateo Maestas received a 6-year sentence, although prosecutors wanted the max, 8 years, while the defense asked for the minimum, 5 years
  • The judge gave Maestas 60 days of release before going to prison
  • Maestas was arrested a month later for a host of violations, including drinking, and sent to prison

See the case write-up

ALBUQUERQUE, N.M. — Mateo Maestas will spend six years in prison after a federal District Court judge sentenced him for killing a Laguna Pueblo woman, and severely injured her two children, in a drunk driving crash.

Federal District Judge Dee Benson

Federal District Judge Dee Benson sentenced Maestas, 22, of Cuba, on Jan. 23, 2020 during a 90-minute hearing in federal District Court in Albuquerque.

Maestas, a member of the Acoma Pueblo, previously pleaded guilty to a charge of involuntary manslaughter on Sept. 9, 2019.  According to the plea deal accepted by federal Magistrate Judge Laura Fashing, prosecutors agreed to a sentence range of five to eight years, called a binding plea. He was originally charged on April 18, 2019, arrested on May 22 and released pending trial on May 29.

Involuntary manslaughter carries a maximum sentence of eight years, although prosecutor Elisa Dimas claimed he could have faced a much greater sentence, without the plea, for the injuries he caused the woman’s children.

Benson gave Maestas, who had been released to house arrest on May 29, 2019, pending the outcome of his case, 60 days to turn himself into to prison to start serving his sentence, according to the minute sheet.

A month later, he was wanted on a warrant for allegedly violating the conditions of his release.

According to the sentencing minute sheet, Dimas asked for an 8-year sentence during the hearing and Maestas’ defense attorney, Britany Schaffer, asked for a 5-year sentence.

Continue reading “Judge gives drunk driver 6 years for killing woman, injuring her two children”