Nicholas Marshall, also known as Nicholas James Marshall, is a prosecutor with the U.S. Attorney’s Office in New Mexico. He received his law degree from the University of New Mexico in 2007 and he has an inactive law license in Texas, with a bar card number of 24060224.
GRANTS, N.M. — An Acoma man will serve the remainder of his state sentence for drunk driving while he is held pending trial on a federal charge of second-degree murder that happened two days after a state judge released him on an absconder warrant.
Faustine is in federal custody after a federal grand jury indicted him on June 8, 2020, on charges of second-degree murder and assault resulting in serious bodily injury for the crash on April 22, 2020 that, according to tribal court documents, allegedly killed Timothy Chino and severely injured Katrina Juanico.
Villalobos released Faustine, being held on an absconder warrant, on April 20, 2020, two days before he allegedly crashed a car while drunk, killing Chino. He was allegedly fleeing from tribal police officers when he crashed, according to tribal court documents.
On Oct. 7, 2016, Faustine pleaded guilty to aggravated fleeing an officer, DWI third offense and driving on a license revoked for DWI, for an incident on Jan. 14, 2016, according to court documents.
Amanda Sanchez Villalobos
The plea deal, signed by prosecutor Brandon Vigil, gave Faustine a suspended sentence minus the mandatory 97 days he had to serve on the DUI charge. The plea was approved by District Judge Pedro Rael.
The original file in the magistrate case appears has been destroyed.
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• Police say Anthony Faustine allegedly drunkenly crashed his car after fleeing from police on a dirt road, killing passenger Timothy Chino, on April 22, 2020
• Judge Amanda Sanchez Villalobos released Faustine one day prior after arraigning him on a bench warrant after he didn’t appear at an arraignment on a probation violation from 2018 • Faustine’s original probation violation was for allegedly absconding from probation after pleading guilty to DUI and aggravated fleeing an officer
ALBUQUERQUE, N.M. — A 40-year-old Acoma Pueblo man is being held without bail after being arraigned Monday in federal court on a charge of second-degree murder for the death of a man following an alleged drunk driving crash following a police pursuit on April 22, 2020, one day after he was released from jail on a probation violation on a prior charge of aggravated fleeing an officer and drunk driving.
Anthony Faustine
A federal grand jury indictedAnthony Faustine on June 8, 2020, on charges of second-degree murder and assault resulting in serious bodily injury for the crash that, according to tribal court documents, allegedly killed Timothy Chino and severely injured Katrina Juanico.
Federal Magistrate Judge Steven Yarbrough ordered Faustine held without bail, and remanded to the custody of the U.S. Marshal’s Service, during his virtual arraignment, Monday (8/31/2020). Faustine pleaded not guilty and waived a detention hearing.
According to federal court filings, Faustine was being held in the Cibola County Detention Center in Grants prior to his initial appearance on Aug. 27, 2020.
Mariano wrote in a criminal complaint, filed in Laguna Tribal Court, that a call about a red Suzuki first came to dispatchers at 3:23 p.m., April 22, 2020.
An unknown woman told them the car was swerving on eastbound Interstate-40 and almost hit her car, just before it left on Exit 104, toward State Road 124. Officers were sent to look for the car, he wrote.
Laguna Highway Safety Officer Keith Riley told Mariano that while searching, he talked to a construction foreman on Rainfall Road, Mariano wrote.
“The foreman told HSO Riley that the vehicle which Officers were looking for passed through their work zone and nearly hit a few of the workers while it was passing through,” Mariano wrote. “HSO Riley was also told the vehicle was traveling on Cottonwood Trail, headed toward the Pueblo of Acoma.”
Riley and Laguna Police Department Officer Roslynn Lente found the red Suzuki near the border of Acoma and Laguna on Cottonwood Trail. Riley pulled in front of the car with his emergency lights, exited and told the driver to get out. The driver, later identified as Faustine, allegedly refused, revved the engine and sped away from Riley, Mariano wrote.
Riley “contacted the hood” as it sped off and Lente was “nearly to the vehicle” when Riley told her to stay in her car, as Faustine allegedly sped by her, Mariano wrote.
As the red Suzuki Sidekick sped away, the officers began to pursue it, then Riley called it off because it was on a dirt road, he wrote.
“HSO Riley then said just as he was finished the vehicle drove around a corner and began to roll,” Mariano wrote.
When the pair arrived at the crash scene, Faustine allegedly ran from the vehicle and Riley chased him on foot and told Lente to tend to the other two people in the car, he wrote.
Riley unholstered his stun gun and told Faustine to stop. Faustine fell to the ground and Riley placed him “restraints.” Faustine smelled of alcohol, had slurred speech, bloodshot and glassy eyes and could not maintain his balance, Mariano wrote.
The crash ejected the front passenger, Timothy Chino, and pinned him under the vehicle. The other passenger, Katrina Juanico, was in the back seat and airlifted from the scene, he wrote.
While one medic, Isaac Herrera, tried to get Faustine’s blood pressure, Faustine allegedly tried to bit him. Faustine was eventually transported by ambulance for his injuries, Mariano wrote.
Mariano wrote he found Bud Light beer cans from the “beginning to the end of the crash,” as well as two bottles of vodka, he wrote.
Probation Officer Eric Barelawrote in a probation report dated Oct. 25, 2018 that Faustine was sentenced to three-and-a-half years of supervised probation on Oct. 6, 2016, on the DUI third offense and aggravated fleeing an officer charges.
“Since being sentenced Probationer Faustine has completed sanctions of 3 days and 7 days in custody due to violations of Reporting and Alcohol,” Barela wrote. “Probationer Faustine has shown by calling Cordant and failing to report for UA’s that he understands that he is violating his probation and continues to disreguard (sic) the orders of this court and his orders of probation.”
Barela wrote in the 2018 report that Faustine’s convictions, along with his failure to report and to complete drug and alcohol tests, meant he was a danger to the community.
“Probationer Faustine is now and (sic) ABSCONDER from supervision and has proven that he does not take probation serious and is not a good candidate for supervised probation,” Barela wrote.
Barela wrote he was asking that the prosecutor file a motion to revoke his probation and sentence him to the remainder of his sentence, which would have had him in jail until June 4, 2020.
When he was supposed to be arraigned on the probation violation charges, he never showed up, leading to the Dec. 13, 2018 bench warrant, eventually served on April 9, 2020, by the Isleta Police Department, according to court records.
After Faustine was arraigned on April 20, 2020, Barela issued a violation report on May 1, 2020, after Faustine failed to report for probation, followed by another on May 5. Sanchez Villalobos issued a bench warrant on May 6. It appears he did not know about the crash until, May 13, when he received a notification of arrest for Faustine. It listed him as in the Laguna jail.
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On June 19, 2020, in San Juan County, Simeon Atcitty allegedly killed an unnamed man, according to prosecutors. On Sept. 8, 2020, a federal grand jury indicted him on a single charge of second-degree murder. According to the indictment, Atcitty killed the unnamed man with malice aforethought.
Atcitty does not appear to have been previously charged in a lower court with the killing. No other details of the incident are contained in court documents. If a federal search warrant was issued, it appears to still be sealed, based on a review of federal search warrants from that time period.
On Sept. 23, 2020, FBI Agent Lance Roundy arrested Atcitty on the warrant, after it was received on Sept. 12, 2020. On Sept. 29, 2020, federal Magistrate Judge John Robbenhaar ordered Atcitty held without bail during a virtual hearing. The judge’s reasoning is not contained in the minutes.
The case was continued on Oct. 8, 2020, and a trial date was reset for Feb. 1, 2021. No new court dates have been set.
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On April 22, 2020, Anthony Faustine, 40, of Acoma, allegedly crashed his car while drunk after fleeing from police. Judge Amanda Sanchez Villalobos released him one day earlier after he was arrested on a failure-to-appear bench warrant issued after he allegedly absconded from probation in 2018. He fled from the crash, leaving a man under his car who died at the scene, according to an investigator’s report. A woman was also severely injured and flown from the scene, according to the report. Laguna Pueblo tribal officers charged him following the crash.
On June 9, a federal grand jury indicted him on charges of second-degree murder and assault and battery resulting in serious bodily harm.
On Aug. 31, a federal magistrate judge ordered he be held without bail pending trial.
An unknown woman told them the car was swerving on eastbound Interstate-40 and almost hit her car, just before it left on Exit 104, toward State Road 124. Officers were sent to look for the car, he wrote.
Laguna Highway Safety Officer Keith Riley told Mariano that while searching, he talked to a construction foreman on Rainfall Road, Mariano wrote.
“The foreman told HSO Riley that the vehicle which Officers were looking for passed through their work zone and nearly hit a few of the workers while it was passing through,” Mariano wrote. “HSO Riley was also told the vehicle was traveling on Cottonwood Trail, headed toward the Pueblo of Acoma.”
Riley and Laguna Police Department Officer Roslynn Lente found the red Suzuki near the border of Acoma and Laguna on Cottonwood Trail. Riley pulled in front of the car with his emergency lights, exited and told the driver to get out. The driver, later identified as Faustine, allegedly refused, revved the engine and sped away from Riley, Mariano wrote.
Riley “contacted the hood” as it sped off and Lente was “nearly to the vehicle” when Riley told her to stay in her car, as Faustine allegedly sped by her, Mariano wrote.
As the red Suzuki Sidekick sped away, the officers began to pursue it, then Riley called it off because it was on a dirt road, he wrote.
“HSO Riley then said just as he was finished the vehicle drove around a corner and began to roll,” Mariano wrote.
When the pair arrived at the crash scene, Faustine allegedly ran from the vehicle and Riley chased him on foot and told Lente to tend to the other two people in the car, he wrote.
Riley unholstered his stun gun and told Faustine to stop. Faustine fell to the ground and Riley placed him “restraints.” Faustine smelled of alcohol, had slurred speech, bloodshot and glassy eyes and could not maintain his balance, Mariano wrote.
The crash ejected the front passenger, Timothy Chino, and pinned him under the vehicle. The other passenger, Katrina Juanico, was in the back seat and airlifted from the scene, he wrote.
While one medic, Isaac Herrera, tried to get Faustine’s blood pressure, Faustine allegedly tried to bit him. Faustine was eventually transported by ambulance for his injuries, Mariano wrote.
Mariano wrote he found Bud Light beer cans from the “beginning to the end of the crash,” as well as two bottles of vodka, he wrote.
Indictment
A federal grand jury indictedFaustine on June 8, 2020, on charges of second-degree murder and assault resulting in serious bodily injury for the crash that, according to tribal court documents, allegedly killed Timothy Chino and severely injured Katrina Juanico.
Ariel view of Laguna. Photo by Dickyon/Wikimedia
Federal Magistrate Judge Steven Yarbrough ordered Faustine held without bail, and remanded to the custody of the U.S. Marshal’s Service, during his virtual arraignment, Monday (8/31/2020). Faustine pleaded not guilty and waived a detention hearing.
According to federal court filings, Faustine was being held in the Cibola County Detention Center in Grants prior to his initial appearance on Aug. 27, 2020.
Faustine appears to have been initially jailed, following the crash, after Marianocharged him in Laguna Pueblo tribal court with homicide by vehicle, reckless driving, aggravated DUI and battery following the April 22, 2020 crash.
Probation Officer Eric Barelawrote in a probation report dated Oct. 25, 2018 that Faustine was sentenced to three-and-a-half years of supervised probation on Oct. 6, 2016, on the DUI third offense and aggravated fleeing an officer charges.
“Since being sentenced Probationer Faustine has completed sanctions of 3 days and 7 days in custody due to violations of Reporting and Alcohol,” Barela wrote. “Probationer Faustine has shown by calling Cordant and failing to report for UA’s that he understands that he is violating his probation and continues to disreguard (sic) the orders of this court and his orders of probation.”
Barela wrote in the 2018 report that Faustine’s convictions, along with his failure to report and to complete drug and alcohol tests, meant he was a danger to the community.
“Probationer Faustine is now and (sic) ABSCONDER from supervision and has proven that he does not take probation serious and is not a good candidate for supervised probation,” Barela wrote.
Barela wrote he was asking that the prosecutor file a motion to revoke his probation and sentence him to the remainder of his sentence, which would have had him in jail until June 4, 2020.
When he was supposed to be arraigned on the probation violation charges, he never showed up, leading to the Dec. 13, 2018 bench warrant, eventually served on April 9, 2020, by the Isleta Police Department, according to court records.
After Faustine was arraigned on April 20, 2020, Barela issued a violation report on May 1, 2020, after Faustine failed to report for probation, followed by another on May 5. Sanchez Villalobos issued a bench warrant on May 6. It appears he did not know about the crash until, May 13, when he received a notification of arrest for Faustine. It listed him as in the Laguna jail.
ALBUQUERQUE, N.M. — A Cornfields, Ariz. woman will not have her 0.15 blood-serum test thrown out as evidence in her involuntary manslaughter and assault on a minor case following a federal district court judge’s ruling, April 9, 2020, that she voluntarily gave them access to her medical records.
Navajo Code Talker Monument, Window Rock, Arizona. Photo by John Fowler/Flickr. CC-BY
Kayla Baker, 24, is charged with involuntary manslaughter and assault of a minor resulting in serious bodily injury after she allegedly drunkenly crashed her car into oncoming traffic on June 16, 2018, on Route 12 outside the town of Navajo, near the border with Arizona. She does not appear to have ever been charged in magistrate court with J.G.’s death, rather, a federal grand jury indicted her 17 months after the fatal crash, according to court documents.
Baker allegedly tried to pass a woman on the two-lane highway and slammed into a car carrying a man, only named J.G. (YOB: 1988, enrolled Navajo National tribal member) in court documents, his “common-law wife,” their 16-month-old son and the woman’s 17-year-old sister, according to court documents.
Baker’s attorney, Aric Elsenheimer, tried to get all the test results thrown out under the theory that she did not voluntarily consent to give them to tribal investigators Farrell Begay and Samantha Yazzie when they interrogated her at a jail in Window Rock, Ariz., following the crash. No court documents state she was charged with, or by whom, while she was held in Window Rock.
A separate blood test at the FBI crime lab showed a blood-alcohol level of 0.12, according to court documents.
Johnson also dismissed a motion, on March 6, 2020, to dismiss the charge of assault of a minor resulting in serious bodily injury.
Elsenheimer wrote in the motion that the assault charge, which carries a minimum mandatory sentence of 10 years and a maximum of life, required prior knowledge and intent, that is, that Baker knew and intended his 17-year-old victim was underage when she allegedly drunkenly crashed into her. Assault resulting in serious bodily injury, not done to a minor, carries a maximum sentence of 10 years — the mandatory minimum for its counterpart done to a minor.
On Feb. 28, 2020, Johnson granted a motion to continue the case for a jury trial tentatively set for July 6, 2020.
On June 16, 2018, Kayla Baker allegedly drunkenly passed a car on Route 12, near Navajo, New Mexico, and crashed head-on into another car, killing one Navajo Nation tribal member, a man named J.G., and injuring three others, one severely.
On Nov. 19, 2019, a federal grand jury indicted Baker on charges of involuntary manslaughter and assault of a minor resulting in serious bodily injury. Trial is tentatively set for July 6, 2020, in Albuquerque.
The incident
On June 16, 2018, Kayla Erika Baker, also known as Kayla Baker, was driving on Route 12 (mile post 36), near Navajo, New Mexico, when she allegedly tried to pass another car on the two-lane road, FBI Agent Lance Roundy wrote in an affidavit for a search warrant.
Navajo Code Talker Monument, Window Rock, Arizona. Photo by John Fowler/Flickr. CC-BY
Baker, of Cornfields, Ariz., allegedly crashed head-on into a Ford Fusion carrying J.G. (YOB: 1988, a registered member of the Navajo Nation), his “common-law wife,” their 16-month-old son and the “common-law wife’s” 17-year-old sister, referred to as C.H., according to a response to the motion to dismiss filed by prosecutor Nicholas Marshall.
Navajo Police Officer Cherlyn Owens allegedly found that Baker smelled of alcohol, had slurred speech, bloodshot eyes and a lack of balance and tried to conduct a field-sobriety test, which Baker failed, Roundy wrote.
In the car, Owens found beer bottles and a “bottle of alcohol” in the passenger side, he wrote.
Navajo Police Officer Irene Six found C.H. injured on the ground outside the car. She was flown to a hospital in Fort Defiance, Ariz., before being flown to the University of New Mexico Hospital for a broken leg, Roundy wrote.
A year later. C.H. needed follow-up surgery a year later “on the hardware placed in her leg and to aid in her recovery” and still receives physical therapy, Marshall wrote.
Medics, and a physician who stopped to help, tried to save J.G., and he was flown to Fort Defiance as well, where he was pronounced dead, Roundy wrote.
J.G.’s girlfriend said she remembered trying to hold on tightly to her toddler during the crash. Both her and the toddler suffered minor injuries and were released from the hospital, Marshall wrote.
Navajo Criminal Investigator Farrell Begay interviewed Baker following the crash, but Roundy did not write if Baker waived her Miranda rights.
Roundy wrote:
“During the interview, Baker admitted to purchasing Blue Moon beer and a bottle of Southern Comfort liquor. Baker stated she consumed half a can of beer before driving her car on Route 12. Baker did not recall any details after turning on to Route 12, but did recall waking up in the hospital.”
After federal investigators obtained her medical records, they showed she had a “blood serum of .151 of alcohol,” while an FBI crime lab test showed a she had a blood-alcohol content of 0.12. The legal limit is 0.08, in addition to THC, Marshall wrote.
“The crash data information recovered from the vehicles indicated Defendant was in a passing zone, and went into the other lane, and was accelerating at the time of the crash. There is no indication of Defendant braking, or even swerving, to avoid hitting the other vehicle nor any indication that she even saw the other vehicle. Both cars were driving above the speed limit at the time of the crash.”
Following the crash, Begay and investigator Samantha Yazzie interrogated Baker at the Window Rock Department of Corrections in Window Rock, Ariz.
During that interrogation, Baker consented to giving investigators her medical records, including the blood test results.
Her attorney tried unsuccessfully to have the blood test results suppressed.
It is not clear how long, or under what charges or jurisdiction, Baker was held in Arizona because she was never charged for the crash in federal magistrate court.
While involuntary manslaughter carries a maximum sentence of eight years, assaulting a minor carries a minimum mandatory sentence of 10 years with a maximum sentence of life. Assault resulting in serious bodily injury, but not done to a minor, carries a maximum sentence of 10 years.
Marshall opposed her release, but the minutes contain no documentation of why.
According to the conditions of her release, she was released into the custody of Carol Tapaha and ordered, with the exception of travel to court, to stay within Apache and Coconino counties in Arizona. She is also supposed be monitored for alcohol use.
Her unnamed employer took the restriction of her release, that she have no contact with the victims or their families, to mean she could not work at the hospital and he wanted the judge to change the conditions so she could have incidental contact. Marshall did not oppose the motion, he wrote.
He wrote in a motion to suppress that the investigators, Begay and Yazzie, “did not obtain valid consent” from Baker to get her blood tests from the hospital.
