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.
Tavor Tom, a member of the Navajo nation, allegedly went on July 1, 2019 to Roberta Clyde’s house (his maternal aunt) and stabbed her repeatedly, killing her, stole her car, then crashed it into a fence, according to his alleged confession.
He was allegedly trying to get to Farmington because he wanted to steal the over-the-counter drug Mucinex, generically known as guaifenesin.
A federal grand jury indicted him eight days later on July 9, 2019, on a charge of second-degree murder.
At 10 a.m., July 2, 2019, the Roberta Clyde, 45, was found dead in her house by her father. Sometime during that same morning, Tavor Tom, of Shiprock, was found in the Clyde’s Jeep Cherokee, after he crashed into a fence in front of a church in Nenahnezad. Navajo Nation police officers found a bloody knife in the car, FBI agent Cary Cahoon wrote in an affidavit for an arrest warrant.
FBI agent Kalon Fancher interviewed Tom and advised him he did not have to speak with him, but Cahoon did not write if Fancher told Tom his Miranda rights.
According to Fancher’s interview with Tom, the latter allegedly admitted to killing Clydewith a folding knife he took from his father’s vehicle with the intention of going to her house to steal her car so he could drive it to Farmington to steal Mucinex, Cahoon wrote.
Tom allegedly said he went to the Clyde’s trailer, “slit her throat and then stabbed her seven (7) or (8) times with the knife he took from his father’s vehicle, and then stole her vehicle,” Cahoon wrote.
Tom allegedly said he drove to the Wal-Mart in Farmington, stole Mucinex from the store around 7 p.m. and drove on the back roads toward Shiprock, Cahoon wrote.
He then crashed the vehicle into a fence at a church in Nenahnezad, rendering the vehicle undriveable. He was found in the vehicle the next morning.
Crashed car
Navajo Nation firefighter Derrick Woody told Cahoon that he responded to Tom’s car crash and that Tom allegedly tried to overdose on Mucinex. The drug, as well as vomit, were found in the vehicle, Cahoon wrote.
Navajo Nation Sgt. Francis Yazzie told Cahoon that he also responded to the crash and he found a folding knife with blood on it on the passenger-side floorboard, Cahoon wrote.
Family interviews
Clyde’s father, only identified by the initials R. C., found his daughter, when he went to check on her at the behest of her adult children, who could not reach her on the phone, Cahoon wrote. Clyde is unnamed in federal court documents and referred to as “victim.”
“After R.C. discovered Victim and realized she was deceased, he called 911,” Cahoon wrote.
Cahoon was called by Navajo Nation detective Jerrick Curley that there had been a killing in Shiprock, in the exterior boundaries of the reservation, he wrote.
Curley told Cahoon that he found Clyde lying on her bedroom floor with multiple cuts and blood around her. He also told Cahoon that Clyde’s nephew, Tom, had been in a car crash near Nenahnezad. The car he crashed allegedly belonged to Clyde and inside the vehicle police found a knife with blood on it.
Clyde’s father, Tom’s grandfather, told Cahoon that Tom had come to his house, next door to the victim’s, at 6 p.m., July 1, 2019, to use his computer, and then left.
Tom’s mother, who was Clyde’s sister and is only identified by the initials “M.T.,” told Cahoon that Tom lived with her at her house in Shiprock, which was in “close proximity” to Clyde’s house, a single-wide trailer. Tom got around on a red ATV, parked next to R.C.’s house.
“M.T. received a text message from TOM the previous night (07/01/2019) and indicated he was with his friends,” Cahoon wrote. “M.T. went to visit Victim at her residence the previous evening (07/01/2019), at approximately 6:30 p.m., when M.T. arrived and saw that Victim’s vehicle was gone, she assumed Victim left in her vehicle to go somewhere.”
She said her son had been addicted to Mucinex for several years and uses it to get high.
“TOM also had been suicidal in the past and has become more violent recently,” he wrote.
M.T. alleged her son often takes her car without permission and drives it to stores where he can steal Mucinex. She also acknowledged that Tom was found in the Clyde’s vehicle, he wrote.
“M.T. believed TOM was the one who killed Victim,” Cahoon wrote. “R.C. and M.T. both advised that Tom often went by and visited Victim at her house and that they got along with one another.”
The crime scene
In the afternoon of July 2, 2019, officers searched the interior and exterior of Clyde’s trailer, although Cahoon did not write whom he obtained consent from, since Clyde was dead.
During the search, officers found the key to Tom’s red ATV on a couch in the living room. A cell phone was found on a different couch in the living room and there were drops of blood in the kitchen, laundry room and bedroom.
“Additionally, the medicine cabinet door was open in the kitchen and it appeared that someone had rummaged through the prescriptions and over-the-counter medications,” Cahoon wrote.
The field investigator with the Office of the Medical Investigator found Clyde had “trauma” and cuts to her neck, back and chest.
Pathologist Ross Zumwalt wrote in the autopsy report that Clyde suffered a total of 75 separate “sharp force injuries,” meaning stab wounds and incised, or slashing, wounds.
“Two of the stab wounds of the back of the head penetrated the skull resulting in bleeding around the brain,” Zumwalt wrote.
Clyde also has four stab wounds in her chest and one in her abdomen, which penetrated her stomach. She also has cutting wounds on her hands, which Zumwalt classified as probable defensive wounds.
“Death was a result of the blood loss caused by the multiple wounds,” Zumwalt wrote.
According to the deputy field investigation conducted by Kayelynn Williams, Clyde got home after work at 5:15 p.m. and went next door to check on her parents at 6 p.m.
Roberta Clyde
According to her obituary, Clyde had three children, Erik, Alyssa and Ryland Benally, all of Shiprock, as well as three sisters and two brothers.
She was a piano player for the Ojo Amarillo Baptist Church.
According to the court docket, Tom initially appeared July 3, 2019 and on July 10 in Albuquerque federal court, and he was ordered held indefinitely after his attorney waived a detention hearing.
On July 10, his attorney filed a waiver of a preliminary hearing. However, a federal grand jury had already indicted him on July 9, 2019, on a charge of second-degree murder.
Tom pleaded guilty, Nov. 24, 2020, to second-degree murder in front of federal Magistrate Judge Kirtan Khalsa during a virtual hearing that lasted just over 30 minutes. Khalsa deferred final acceptance of the plea deal until sentencing by a district court judge.
Prosecutors will agree that Tom accepted responsibility for his conduct and grant that, under the sentencing guidelines, he is entitled to a reduction of two levels from the base offense. Spindle and Tom’s defense attorney, James Loonam, can argue whatever they want when it comes to the sentence.
In the plea agreement, Tom wrote that he stabbed his aunt repeatedly with a knife, “intentionally and without justification.”
When interrogated by FBI agents, he said he stabbed her repeatedly and slit her throat, according to court documents.
Zumwalt did not write in the autopsy report her throat was slit but did note many wounds to the back of her neck, some of which went from the back to the front of her neck.
Sentencing guidelines
Second-degree murder carries a base offense level, per the federal sentencing guidelines for second-degree murder, is 38. The plea deal provides Tom with a two-level reduction for pleading guilty, putting the base level at 36.
According to the federal sentencing table, with little or no criminal history, that puts Tom’s proposed sentence, sans any increases or decreases, at 16 to 20 years. At a base offense level of 38, the level without the consideration of his guilty plea, the range increases to 20 to 24 years.
Based on a search of federal and state court records, Tom does not appear to have any prior state or federal arrests. His tribal criminal records are unknown.
His final sentence will be up to the sentencing judge.
Tom is asking for a seven-year sentence while Spindle is asking for the maximum under the sentencing guidelines, as calculated by the U.S. Probation Office, of 14 to 17.5 years.
Tom’s attorney, James Loonam, wrote in a sentencing memorandum that Tom’s age at the time, 18, was one reason, and that Tom, high on and addicted to dextromethorphan, also known as Mucinex, was “operating under diminished capacity” when he stabbed his aunt to death. That he killed a family member, and “will face consequences of loss of part of his family for the rest of his life,” was the third reason for giving Tom a sentence below the guidelines. Tom had been addicted to the drug since he was 14.
“Tavor knows that his actions have caused everyone he loves and cares about almost unbearable pain,” he wrote.
“Each hospitalization indicates that Tavor exhibited signs of chronic depression,” he wrote.
Loonam wrote that Tom’s actions were “a product of that (drug) abuse and addiction.”
Prosecutor Joseph Spindle wrote in his own sentencing memorandum that Johnson should sentence Tom to the high end of the sentencing guideline calculated by the U.S. Probation Office, 17.5 years.
Spindle wrote that Tom went to Clyde’s house to steal her car.
“However, once he was inside her house, the attempted theft became infinitely worse,” he wrote. “Before stealing her car, Defendant decided to stab his aunt seventy-five times in the face, back, abdomen, arms, hands and neck. She died of blood loss on the floor of her bedroom, alone and suffering.”
Among the reasons for a sentencing at the top of the guideline was how “senseless and brutal” it was.
“The stabbing was so frenzied, two of the stab wounds penetrated her skull,” Spindle wrote. “She died of blood loss. This level of brutality far exceeds what would have been necessary to effectuate a murder.”
While Tom is young and experienced traumatic events, his drug use contributed to them and he seems disinterested in curbing his use, he wrote. Spindle wrote:
“According to Defendant, treatment “takes up too much time.” (Doc. 38, ¶ 60). This level of apathy to his drug use, even after multiple overdoses and the murder of a loved-one, indicates that he is not interested in changing his life. Therefore, even if the brutal murder of his aunt can be partially attributed to Defendant’s drug use, the fact that he does not intend curtail his drug use indicates he will remain a public safety risk.”
On April 7, 2021, Judge William Johnson sentenced Tom to 15 years in federal prison.
Tom appeared via video for the sentencing hearing and family members appeared via Zoom and one of them addressed the court, according to minutes from the hearing.
The minutes do not say who spoke or what was said. At the hearing, Spindle argued for 17.5 years and Loonam argued for seven years.
Tom must also pay $4,077 in restitution to Erik Benally, $11,522 to State Farm and $6,000 to the New Mexico Crime Victim’s Reparation Commission.
