• Judge William Johnson moved the sentencing because he has an “extended unavailability” • Nine previous sentencing hearings have been vacated and Co-defendant Andrew Bettelyoun still hasn’t been sentenced • Quintana pleaded guilty in January 2020 to second-degree murder
DULCE, N.M. — Over a year and a half after he pleaded guilty to second-degree murder for torturing his cousin and then leaving him in a closet to die, Allister Quintana still has not been sentenced and won’t be until Sept. 2, 2021, at the earliest, although his case could be delayed further.
Allister Quintana
Although Quintana’s attorney, Ray Twohig has filed seven previous motions to extend deadlines in the case, it is the “extended unavailability” of Judge William Johnson that is responsible for the latest delay.
At Twohig’s request, Johnson previously pushed sentencing to June 25, 2021, but on May 26, he put a notice on the docket extending the deadlines further. Twohig has until Aug. 5, to file a sentencing memorandum and prosecutor Joseph Spindle has until Aug. 19 to respond.
Because of his “extended unavailability,” he reset the sentencing hearing to Sept. 2, 2021, at 11 a.m. in the Cimarron Courtroom. It is not clear if any of the hearing will be available virtually.
Twohig’s previous motions to extend the deadlines have been due to reports by a psychologist being delayed and complicated communication with his client over Zoom, and with the psychologist, a result of the pandemic.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records. (Details are in the case write-up.)
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced and he does not appear to be in the custody of the federal Bureau of Prisons.
• The sentencing was moved after Allister Quintana‘s attorney filed his seventh motion to extend deadlines
• Quintana pleaded guilty in January 2020 to second-degree murder
• Previous sentencing hearings had been set for had been set for, in 2020, April, June, July, August, October, and in 2021, January, February, March, and April. • Co-defendant Andrew Bettelyoun still hasn’t been sentenced
DULCE, N.M. — Allister Quintana’s sentencing for the second-degree murder of his cousin in 2018 has been put off again, this time until June 25, 2021, after his attorney filed his seventh unopposed motion to extend deadlines.
Allister Quintana
Quintana’s attorney, Ray Twohig, wrote in a motion to extend the deadlines to file a sentencing memorandum on March 29, 2021, that his talks with his client “have yielded further information which has required that counsel seek additional research, investigation and expert assistance.”
Twohig wrote that previous requests to push out sentencing were partially a result of reports being delayed and complicated communication with his client over Zoom, a result of the pandemic.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records. (Details are in the case write-up.)
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced and he does not appear to be in the custody of the federal Bureau of Prisons.
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DULCE, N.M. — Allister Quintana‘s sentencing has been moved yet again, this time to March 2021, although a lack of required court filings appear to indicate the sentencing hearing will be pushed out further.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records. (Details are in the case write-up.)
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced and he does not appear to be in the custody of the federal Bureau of Prisons.
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• A judge moved Allister Quintana‘s sentencing to Feb. 1, 2021 • The defense’s psychological evaluation should be complete by mid-November • A defense sentencing memorandum is due by Dec. 15
DULCE, N.M. — A judge moved Allister Quintana’s sentencing to February after he pleaded guilty in January 2020 to second-degree murder for torturing his cousin at his Dulce home and leaving him to die in a locked closet.
Allister Quintana
Quintana’s lawyer, Ray Twohig, wrote in a Nov. 11, 2020 motion to extend the deadlines in the case that he was still missing an evaluation from Christine Johnson, a forensic psychologist who has been unable to personally meet with Quintana at the McKinley County Detention Center, where he is being held.
The report was supposed to be completed by Nov. 16, 2020. Twohig should have his sentencing memorandum completed by Dec. 15, 2020, which gives prosecutors until Dec. 29, 2020 to respond.
District Court Judge William Johnson granted the extension and set sentencing for 10 a.m., Feb. 1, 2021. Sentencing had previously been set for Jan. 5, 2021. Johnson accepted Twohig’s suggested deadlines for his memorandum and the prosecution’s response.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records.
More details on what prosecutors say happened to Howland are in the case write-up.
Although Bettelyoun was supposed to be sentenced in May 2019, court records do not indicate that he was ever sentenced. In his memorandum seeking a life sentence for Quintana, Spindle wrote that Bettelyoun is, under the current sentencing guidelines, slated to receive a harsher sentence than Quintana even though Quintana committed far more egregious acts.
ALBUQUERQUE, N.M. — The Dulce man who pleaded guilty to torturing his cousin, binding him and locking him in a closet to die will not be sentenced until Oct. 23 at the earliest as the coronavirus pandemic has closed courtrooms and jails to visitors, including attorneys and psychologists.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records.
During the May 26 hearing, Spindle said sentencing would take 1 1/2 to 2 hours and he planned to call one witness and two “family victims.” Quintana’s attorney, Ray Twohig, said he wanted to having the hearing moved because of issues related to the pandemic. It was then moved from June 22 to July 27. On June 1, the hearing was again moved, this time to Aug. 21. On July 13, it was moved again to Oct. 23. It is supposed to be in person but the public and media should have access via live streaming, according to the court docket.
In his third motion to reschedule sentencing, filed July 10, Twohig wrote that he “obtained the assistance” of a forensic psychologist, Christine Johnson, to address mental health issues to be considered when Quintana is sentenced.
Quintana is being held at the McKinley County Detention Center and no in-person visits are currently allowed because of the coronavirus pandemic. Twohig needed psychologist Christine Johnson to complete her evaluation because he could complete his own sentencing memorandum but because of visiting restrictions, she was having a hard time, he wrote.
“However, she has been able to arrange Zoom conferences with him,” Twohig wrote. “These are difficult to schedule and conduct, since reception is uneven and the evaluation process is delayed considerably by the use of this method. She estimates she will need at least one other Zoom meeting in addition to the three Zoom meetings she has been able to conduct.”
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.
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.
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.
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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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.
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.
“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.
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.
ALBUQUERQUE, N.M. — A federal prosecutor is asking a judge to impose a life sentence on the Dulce man who beat, chopped, stabbed and bound his cousin before locking him in a closet to die of asphyxiation, starvation or dehydration.
Quintana and Bettelyoun admitted to torturing Travis Howland, 28, before binding his hands and feet and leaving him, naked, in a closet to die on Feb. 2, 2018 in Quintana’s house, according to court records.
Federal prosecutor Joseph Spindle filed a sentencing memorandum/motion for an upward departure in Quintana’s case on April 2, 2020, asking that he receive a life sentence. Spindle wrote he wants six points added to Quintana’s sentencing guideline, to put him at an offense level of 43, where the only suggested sentence is life, regardless of criminal history.
“Defendant’s conduct was unusually heinous, cruel, brutal, and degrading to the victim, warranting the imposition of a six-level upward departure pursuant to U.S.S.G. § 5K2.8,” Spindle wrote.
The extreme conduct guideline Spindle referenced is for “torture of a victim, gratuitous infliction of injury, or prolonging of pain or humiliation.”
Spindle wrote that Quintana’s torture of Howland encompassed three phases.
“He beat him with a flashlight, burned him with a lighter, cut him with a machete, and bound him with a cord,” he wrote. “Doe suffered three types of trauma, blunt, sharp, and compressional.”
Quintana allegedly forced Quintana to sodomize himself with a flashlight and tortured him in three separate rooms before leaving him bound in a closet “where he may have painfully surrounded to starvation, asphyxiation, or dehydration,” Spindle wrote.
Quintana also allegedly victimized one of Howland’s sisters because she saw his body when responding as a medic, although she did not initially recognize him, Spindle wrote.
Although Spindle did not write what Quintana’s sentence guideline number was, if it took a full six points to get to 43, the highest number, which carries a suggested sentence of life, his number could have been 37. With no criminal history points, the sentencing guidelines suggest a sentence of 17 to 22 years. With the maximum number of criminal history points, and a guideline of 37, the sentence is 30 years to life.
“Coupled with a criminal history category of I, Defendant’s adjusted guidelines range would be imprisonment for life,” he wrote.
Below is the federal sentencing table, from levels 33 to 43, the highest level.
Federal sentencing guidelines table, levels 33 to 43. Prosecutor Joseph Spindle wrote Andrew Bettelyoun’s sentence guidelines is 360 months (30 years) to life. Depending on his criminal history, his level is anywhere from 37, with the highest criminal history rating of V, to 42, with the lowest level of criminal history. Court documents do not say where he lands. Allister Quintana appears to have a level of 37, with no criminal history points.
Quintana also has an “abysmal” criminal history that warranted a higher sentence, Spindle wrote.
JJicarilla Apache Nation Ishkoteen Judicial Complex, Dulce, NM. According to federal prosecutors, Allister Quintana had an extensive criminal history, not accounted for in a presentence report. All the cases appear to be tribal. Photo by Bob Nichols/USDA/Flickr.
“In less than ten years, Defendant has been charged nine times,” Spindle wrote. “While none of his previous conduct was even close to the brutality involved in this case, several times his convictions were for violent crimes. At least five of the crimes appeared to victimize women, and at least one involved confinement of the victim in his home.”
In his presentence report and the calculation of his offense level, he did not receive points for his criminal history, Spindle wrote.
Quintana allegedly wanted Howland to suffer before he did by inflicting pain, humiliation and subjecting his sister to the sight of his decomposing body, Spindle wrote.
Spindle wrote:
“A sentence within the guidelines would not adequately reflect the seriousness of this type of sadistic behavior and would signal to the community that a brutal torture is no different from an isolated shooting. But there is a difference ― a huge difference. Doe’s death was not quick and painless. He died after being beaten, tied up, and sodomized.”
Sentencing “anomaly”
Quintana’s current sentencing guideline appears to place him in the sentencing range of 17 to 22 years, based on a presumed sentencing guideline number of 37 based on court filings.
Bettelyoun faces a sentence range of 30 years to life, Spindle wrote. He did not specify what Bettelyoun’s sentencing guideline number or criminal history.
Quintana being positioned to receive a lower sentence creates a sentencing “anomaly” between them, he wrote.
Spindle wrote:
“By all accounts, Defendant’s conduct was far more egregious than his codefendant, Mr. Bettelyoun’s conduct. However, based upon the application of a cross reference in Mr. Bettelyoun’s case, his applicable guidelines range is imprisonment for 360 months to life. This is a glaring disparity between the codefendants considering that Defendant and Mr. Bettelyoun have similar criminal histories.”
According to a motion reschedule the sentencing hearing by Quintana’s attorney, Ray Twohig, he has hired a forensic psychologist to help him and sentencing should be done in person. However, the coronavirus pandemic has curtailed in-person hearings and, by June, it is possible that hearings can be held in person again.
Oct. 22, 2018: The FBI files a criminal complaint charging Andrew Bettelyoun with murder, conspiracy to commit murder and kidnapping. He is arrested in Nevada and transferred to New Mexico.
Feb. 13, 2019: A second grand jury indicts Quintana on two new charges in a superseding indictment. In all, the new indictment charges him with first-degree murder, kidnapping resulting in death and conspiracy to commit kidnapping.
May 1, 2019: Bettelyoun is supposed to be sentenced at 10 a.m., but according to online court records and the federal Bureau of Prisons, it appears he was never sentenced. No future sentencing hearings have been set.
“He was a guitar player, a graffiti artist, someone who loved metal music and a father,” Martinez wrote.
Howland was goofy, liked to crack jokes and grew up with his sisters in and out of foster care, she wrote.
Martinez wrote that Bettelyoun is the nephew of the Jicarilla Apache Nation’s Juvenile Officer, Letita Julian, who is married to detective Aaron Julian.
McDonald previously, on May 2, accepted a no contest plea from Goodridge that capped his maximum sentence at eight years and set a minimum of four years. That plea mandated that the rest of his sentence be suspended, in this case seven years, and he be placed on supervised probation for five years after he is released from prison. The judgement and sentence also states that he will be placed on parole for two years.
Second-degree murder carries a maximum sentence of 15 years.
Second-degree murder is a serious violent offense which means he must serve 85 percent of his sentence before he can be released, compared to the 50 percent required for crimes that are not considered to be serious violent offenses.
LAS CRUCES, N.M. — District Court Judge Douglas Driggers sentenced Taylor James Enriquez to 19 1/2 years, July 6, 2018, the maximum sentence after he pleaded guilty, April 10, 2018, to charges of second-degree murder, false imprisonment and aggravated battery causing great bodily harm. Driggers’ sentence was the maximum under the plea deal.
Enriquez stabbed Alberto Nunez in the neck with a broken bottle, killing him, on Feb. 26, 2017, according to court documents.
Taylor Enriquez
He also attacked Manuel Lopez Polanco, who had injuries to his face. The attack on Lopez Polanco was the basis of the aggravated battery charge.
According to the plea agreement, signed by prosecutor Rebecca Duffin, Enriquez was going to face a maximum sentence of 19 1/2 years in prison and that the sentences for each crime would run consecutively, or one after another. His defense attorney, James Baiamonte, agreed that he would argue for a minimum sentence of 15 years followed by five years of supervised probation while prosecutors would argue for 19 1/2 years.
On July 9, 2018, Driggers sentenced Enriquez to the maximum allowed, 19 1/2 years. Although second-degree murder carries a maximum sentence of 15 years, Enriquez was also sentenced to the maximum sentences on the charges of false imprisonment and aggravated battery.
“The Pre-Sentence Report fairly describes Mr. Lovato’s promising childhood, his disconcerting slide into youthful alcohol abuse, and his presence in the hours leading up to the fatal confrontation in the company of two middle-aged, severe alcoholics with long criminal histories,” Samore wrote. “Whatever the precipitating factor, Mr. Lovato wound up in a ‘fight for his life’ with yet another middle-aged alcoholic, who was bent on hurting Mr. Lovato. Mr. Lucero’s extensive criminal history and violent past is fairly summarized in the PSR and Addendum. Mr. Lovato eventually overwhelmed Mr. Lucero, and the evidence indicated he administered more blows than necessary to defend himself.”
