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.
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.
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.
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
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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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.
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 Riggsoverruled 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.
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.
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
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.
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
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
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.
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.
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.
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.
On Aug. 30, 2019, Maroquez Clah, of Red Valley, Arizona, allegedly killed Darrell Chavez, 22, an enrolled Navajo Nation man when he lost control of his truck and rolled it on Navajo Route 13/Indian Services Route 13 near Mitten Rock, New Mexico, within the boundaries of the Navajo Nation reservation, in San Juan county. Chavez is only identified in court records by the initials D.C. and the year of birth of 1997. Clah is also an enrolled Navajo Nation member.
A federal grand jury indicted him on Nov. 25, 2019 and he was arrested on February 14, 2020, before being released a week later to a halfway house. He has since been released to his family in Red Vallely, Ariz.
On Sept. 21, 2020, he pleaded guilty to involuntary manslaughter without a plea deal.
On Dec. 15, 2020, District Judge Kea Riggs sentenced Clah to just over three years (37 months) followed by three years on supervised release after he is released from prison.
A search warrant filed for Clah’s truck on Sept. 4, 2019, by Federal Bureau of Investigations Agent Lancy Roundy, gives a few details on the crash.
Mitten Rock, off of Navajo Route 13 (Indian Services Route 13), New Mexico. Photo by James St. John/Flickr
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, in a 2007 Ford F-150 truck.
“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.”
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.
It is not clear how the agents obtained the medical records. The only unsealed search warrant for the case, between the time of the crash and Sept. 4, 2019, is Roundy’s.
Clah suffered a broken leg and “other injuries,” Roundy wrote.
Roundy wrote he wanted to search the truck for physical evidence of alcohol consumption, including bottles, receipts and cans, as well as take pictures of the truck.
Autopsy
Pathologist Heather Jarrell wrote in the autopsy report that Chavez was not wearing a seatbelt and was ejected from the truck during the crash.
She described his death as a result of multiple blunt-force injuries.
On April 1, federal Magistrate Judge Paul Brionesdenied 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.
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
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.
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.
Clah’s doctors are also in Shiprock and Farmington, closer to Red Valley than to Albuquerque. If he were allowed to return to Red Valley, he could also continue his work at Yazzie Oil Field Service. Allowing him to move back in with his parents would remove him from a communal living situation and possible infection by the coronavirus, Carey wrote.
Federal pretrial services in Arizona conducted a home assessment and said it would take responsibility for Clah’s supervision, she wrote.
According to Carey’s reply to Wilson’s sealed opposition, Clah has one prior tribal conviction for drunk driving in 2018. He was sentenced to 90 days supervised probation, which he completed.
That prior DWI conviction appears to be the basis of Wilson’s opposition to Clah taking care of his elderly father, helping his mother and parenting his child. Wilson also argues, according to Carey, that the global pandemic is not a “changed circumstance.” However, because Wilson appears to have improperly sealed her opposition, it is not clear if she had any more arguments.
Carey wrote:
“At this point, concerns pertaining to COVID-19 and the risk of communal living are not merely speculative. Moreover, even if he was required to present evidence of changed circumstances, Mr. Clah submits that he has met his burden given his exemplary conduct while on pretrial release, the deterioration in his father’s physical and mental health, the inability to access medical providers including his surgeon for urgent follow up care, and concerns for his own health and the health of his family because of COVID-19.”
Briones denied Carey’s motion because his “pattern of prior conduct” and that Carey 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.
In Carey’s April 6 appeal, she wrote that Clah’s father has repeatedly fallen, following his descent in what appears to be dementia, and has been admitted to the hospital on suspicion of internal bleeding. Begay cannot stay with her husband at the hospital because of the risk of the coronavirus.
Clah would not have access to a car while living with his parents. His mother has a vehicle, but it’s provided by her work, she wrote.
Carey wrote:
“Mr. Clah’s physical movements are restricted by his own physical injuries for which he requires ongoing treatment. Moreover, at present, the entire Navajo Nation has imposed a curfew from 8:00 p.m. to 5:00 a.m., which is enforced by law enforcement personnel issuing citations and roadblocks. However, should the Court be concerned with Mr. Clah’s movement, he would be willing to submit to electronic monitoring under home detention or any other condition the court deems appropriate.”
Clah’s pretrial officer is still supports his request to move back to Red Valley, she wrote.
Whenever Clah speaks to his daughter on the phone, “she often cries and begs for him,” Carey wrote. “He is extremely concerned about the effect this separation is having on her, and worried about the burden his absence is putting on his mother.”
In her order releasing Clah, Riggs wrote his medical and physical condition weighed toward his release, especially because he needed surgery on his leg, which is infected and that the halfway house stated they could not take care of his medical needs after he is released from the hospital.
She also found that, contrary to Briones’ opinion, the Clah has no access to a vehicle, the only way he poses a danger to the community.
“Given that Defendant has a history of compliance with conditions of release or probation, and lacks access to a vehicle, the Court agrees with Pretrial Services’ recommendation and concludes that these conditions will reasonably assure the safety of the community,” Riggs wrote.
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.
On Dec. 9, 2017, Jerome Dayzie was driving back from Colorado to his home in Round Rock, Ariz, with his wife, identified as Terra Dayzie, and a friend, Marvin Johnson, 37. Jerome Dayzie, who had a blood-alcohol content of 0.196, crashed into the back of a parked trailer on the side of the road. Johnson was ejected and died at the scene, according to court records.
Jerome Dayzie was initially arrested and charged with involuntary manslaughter, according to court records.
On April 16, 2018, he pleaded guilty to the same charge and on Feb. 26, 2019, District Judge Martha Vazquez sentenced him to the minimum under the sentencing guidelines, just over three years, despite four previous convictions for DUI, according to court records.
Butte off of U.S. Highway 191 near Roundrock, Ariz. Photo by Seth Graham/Flickr. CC-BY-NC-ND
They had driven to Cortez, Colo., to buy beer at the G-Whil liquor store. There, they bought three cases of St. Ides malt liquor, all in 40-ounce bottles. St. Ides has an ABV, or alcohol by volume, of 8.2 percent. They were sharing the liquor as they drove back to Arizona and Jerome Dayzie estimated he drank a whole bottle by himself, he told Fancher in an interrogation, according to Fancher’s affidavit.
Jerome Dayzie said Johnson was the one who wanted to go, Fancher wrote.
After he turned off Highway 491 and onto BIA/Indian Services/Navajo Route 13, the sun was in his face and a car was heading toward him. A trailer was parked “half on the road,” Fancher wrote, summarizing his interview with Jerome Dayzie.
“He stated ‘it’s either I hit the other vehicle or I hit the trailer,'” Fancher wrote. “He stated he hit the end of the trailer and flipped right over.”
Johnson was in the back seat of Jerome Dayzie’s Ford Explorer when he was ejected from the vehicle.
Jerome Dayzie’s wife, Terra Dayzie (identified as T.D. or Jane Doe-1 in some court records), said Jerome Dayzie drank about half of a 40-ounce bottle, Fancher wrote.
Fancher wrote:
“JANE DOE-1 stated she fell asleep and woke up when DAYZIE hit the back of a trailer parked along the side of the road. JANE DOE-1 stated (V-1) flipped over. She stated JOHN DOE-1 was thrown out of (V-1) and she tried to wake him up but he was not responding.”
When law enforcement arrived, they declared him dead at the scene, he wrote.
After crashing into the rear, Jerome Dayzie’s Ford Explorer flipped. Johnson was ejected and pinned under the driver’s side, Ruiz-Velez wrote.
One witness, behind Jerome Dayzie, said his car had been swerving from side to side before it hit the trailer, rolled, and landed on the driver’s side, she wrote.
The owner of the trailer said he and his son were driving to Arizona when they noticed the straps holding the furniture down seemed to be loose. They pulled to the side of the road to check the straps before Jerome Dayzie crashed into the back of the trailer, Ruiz-Velez wrote.
In an amended sentencing memorandum, Jerome Dayzie’s attorney, federal public defender John Butcher, wrote that the trio were “bootlegging” alcohol to the reservation.
According to a deputy field investigation by Tiffany Keaton, with the Office of the Medical Investigator, witnesses told law enforcement that the Explorer “clipped” the left corner of the trailer, causing the trailer to “fork” to the left. The explorer then flipped one and a half times. Johnson was ejected out the passenger-side window before it landed on him. He was not wearing a seat belt.
“Witnesses, were able to pull the vehicle off of Marvin Johnson,” Keaton wrote.
Fancher filed the for the arrest warrant two days after the crash, on Dec. 11., 2017.
Court proceedings
Pre-trial release
Jerome Dayzie pleaded not guilty, waived a preliminary hearing and a grand jury presentment on Dec. 15, 2017, and federal Magistrate Judge Steven Yarbrough released him to the La Pasada Halfway House in Albuquerque, according to the docket and a response by Ruiz-Velez to a motion to allow Jerome Dayzie to speak to his wife, Terra Dayzie.
Among the conditions of release, Jerome Dayzie was prohibited from speaking to any of the witnesses, his wife included.
Ruiz-Velez wrote that she opposed letting Jerome Dayzie talk to his wife “to assure the integrity of the judicial proceedings against the Defendant.”
“As mentioned in his Motion, they have four children and a home together,” Butcher wrote. “Thus, there is a need to coordinate the care of the children as well as the household finances.”
According to Fancher’s affidavit, Terra Dayzie told investigators that she fell asleep during the drive and only woke up as the crash was happening.
According to the plea deal, Jerome Dayzie admitted to killing Johnson while driving drunk.
The plea agreement contained agreement as to the sentence, other than that he was entitled to a reduction of two levels in the federal sentencing guidelines because he pleaded guilty.
Sentencing arguments
Ruiz-Velez wrote in a sentencing memorandum, dated Feb. 7, 2019, that Jerome Dayzie should be sentenced to the high end of the guidelines for his crime, 46 months, or just under four years.
She wrote that he had an offense level of 19 and a criminal history category of III, resulting in a guideline sentence range of 37 months (just over 3 years) to 46 months.
Shiprock. Photo by Bowie Snodgrass/Flickr
She wrote that his blood-alcohol content was extremely high, at 0.196, over double the legal per se limit of 0.08.
His criminal history included five prior arrests for DUI, four of which resulted in convictions, although only two of those were considered to calculate his criminal history category.
“It is troubling that Defendant was sentenced for these two convictions on June 21, 2016 and January 12, 2017, less than two years before the instant offense,” Ruiz-Velez wrote. “Defendant’s convictions show that he was aware of the illegality of his conduct when he decided to drive his vehicle while under the influence of alcohol on December 9, 2017.”
His “past conduct” endangered the lives of others, including his 15-year-old son, she wrote.
“He was a friend and family member,” Butcher wrote. “The three were drinking together. The alcohol found at the accident was due to the fact that the group was bootlegging alcohol back to the reservation.”
Butcher then wrote that they, as friends, went out drinking together.
“Unfortunately, they decided to drive home while intoxicated,” Butcher wrote. “Mr. Dayzie recognizes the loss caused by John Doe’s death.”
Jerome Dayzie is an electrician and is trying to get the licenses needed to “improve his employment,” although he is currently employed as such.
Butcher wrote:
“More importantly, Mr. Dayzie has taken his drug and alcohol treatment extremely serious. As the Court is aware, Mr. Dayzie has a long history of substance abuse. The defendant has remained totally sober while on Pretrial Conditions of Release. He understands now that when he drinks alcohol, ‘bad things tends to happen.'”
Butcher initially asked for a sentence of two years, which he called a mistake. In an amended sentencing memorandum, Butcher asked for a sentence of 37 months (just over 3 years).
The minutes do not contain any information about the reasoning behind the judge’s decision.
According to the minutes, Vazquez addressed Jerome Dayzie and then Johnson’s family members addressed Vazquez.
Although Ruiz-Velez was the prosecutor on the case, according to the sentencing minutes, she did not attend or argue for the sentence she requested at his sentencing hearing. Instead, prosecutor Novaline Wilson attended the hearing. Court documents do not state why she was missing.
Jerome Dayzie then spoke to the judge, and then the judge spoke to him again and imposed the sentence, according to the minutes.
She also ordered he pay $1,592.97 to the New Mexico Crime Victim Reparation Commission and $2,448.72 to Johnson’s sister.
