mitten rock

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

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  • 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

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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.

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Sentencing date set for Arizona man in fatal DWI crash

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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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Arizona man pleads to involuntary manslaughter without deal in DWI killing

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

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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.

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

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

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

Shiprock. Photo by Mobilus In Mobili/Flickr

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

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

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

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

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

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

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

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

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

Jaros opposed Bustamante’s request.

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

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

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

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

No further hearings are scheduled.

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

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Jansen Peshlakai requests release because of the coronavirus after competency determination

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

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

Shiprock Pinnacle. Photo by DiAnn L’Roy/Flickr

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

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

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

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

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

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

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

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

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

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Cibola County Detention Center badge

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

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

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

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

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Judge releases Arizona man to family amid the coronavirus pandemic

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  • 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 

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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.

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

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  • 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 

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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.

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Maroquez Clah indicted for involuntary manslaughter in August 30, 2019 DWI crash

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  • A federal grand jury indicted Maroquez Clah on Nov. 25, 2019 the case was not docketed until Dec. 3, 2019, and he was not arrested until Feb. 14, 2020
  • Clah allegedly killed a man as a result of a drunk driving crash in August 2019

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ALBUQUERQUE, N.M. — A federal grand jury indicted Maroquez Clah, of Red Valley, Ariz., on a charge of involuntary manslaughter on Nov. 25, 2019, for a crash that killed a man in August 2019.

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

According to the indictment, Clah allegedly killed an unidentified man on Aug. 30, 2019, following a drunk driving crash in San Juan county.

The indictment contains no further details of the crash, its location, the victim or even where Clah was living at the time of the crash. (See updates and more details about the case)

Although the indictment was signed on Nov. 25, 2019, it was not entered into the federal court system until Dec. 3. Clah was not arrested until Feb. 14, 2020. His arrest warrant return was not entered into the online court system.

According to the federal docket sheet, Clah was not released to a halfway house in Albuquerque until Feb. 20, 2020, following a hearing in front of federal Magistrate Judge Paul Briones.

According to the minutes sheet from that hearing, Clah pleaded not guilty to the involuntary manslaughter charge.

Prosecutor Novaline Wilson opposed Clah’s release and asked he be held indefinitely even though pretrial services recommended he be released, according to the minutes.

Although Briones made findings in the case, the minutes sheet does not state what they were, or why Wilson argued that he should not be released.

According to Briones’ order setting the conditions of Clah’s release, he was restricted to travel in Bernalillo county, to avoid all contact with co-defendants, not operate a vehicle and reside at a halfway house in Albuquerque.

It is not clear from court records if there are co-defendants in his case.

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