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8th Judicial District Court Docket Report (Colfax County; week of January 13, 2020)

8th Judicial District Court Docket Report (Colfax County; week of January 13, 2020)
District Court Judge Melissa Kennelly, Presiding Judge

1. The following persons were Arraigned in District Court and entered a plea of ‘NOT GUILTY’ to all charges. Jury trials will be set by the Court within the required six months:

Joshua Trujillo (1989) Abuse of a Child (not resulting in death or great bodily harm), False Imprisonment, Battery Against a Household Member, Criminal Damage to Property of a Household Member (under $1000); second case Possession of a Controlled Substance, Possession of Drug Paraphernalia, Resisting, Evading or Obstruction an Officer

Nicole Salazar (1986) Possession of a Controlled Substance (2 counts), Possession of Drug Paraphernalia

Felisha Garcia (1992) Possession of a Controlled Substance (hydrocodone)

Alex Kolb (1988) Possession of a Controlled Substance (methamphetamine), Escape or Attempt to Escape from a Peace Officer, Aggravated Driving Under the Influence of Intoxicating Liquor or Drugs (2nd offense – refused testing), Resisting, Evading or Obstructing an Officer, Driving While License Revoked (DWI related), Use or Possession of Drug Paraphernalia, Open Container (possession – 1st offense)

Wallace Goss (1967) Possession of a Controlled Substance, Possession of Drug Paraphernalia

Rhett Ridolfi (1991) Case #1: Possession of a Controlled Substance (methamphetamine, 2 counts), Possession of a Controlled Substance (heroin), Possession of Marijuana (more than 1/2 ounce up to one ounce, 2nd or subsequent offense)
Case #2: Possession of Controlled Substance (heroin), Driving While Under the INfluence of Intoxicating Liquor or Drugs (1st offense), Possession of Drug Paraphernalia, Possession of Marijuana (over 1/2 ounce or up to 1 ounce), Open Container (1st offense)
Case #3: Possession of Controlled Substance (heroin), Possession of Controlled Substance (methamphetamine), Tampering with Evidence (highest crime 3rd or 4th degree felony), Possession of Drug Paraphernalia, Possession of Controlled Substance (synthetic cannabinoids, under 1 ounce, 1st offense)

Shannon Jesse Reid James (1991) Possession of Controlled Substance (methamphetamine), Use or Possession of Drug Paraphernalia

Adran Romero (1993) Abuse of a Child (not resulting in death or great bodily harm), Criminal Damage to Property of a Household Member (under $1000), False Imprisonment, Battery Against a Household Member

Angelo Hernandez (1982) Possession of a Controlled Substance (methamphetamine)

2. On January 14, 2020, Judge Melissa Kennelly presided over a twelve person jury trial in District Court (D-809-CR-2018-0053) against Stephen Draper (1978). The defendant was found guilty by the jury of Aggravated Battery (deadly weapon), as charged, a third degree felony. He will be sentenced by the Court at a later date. Defendant remains on conditions of release previously set by the Court. Sentencing will be held March 16, 2020.

3. The following persons pleaded guilty in front of Judge Melissa Kennelly:

Betty Jo Armijo (DOB 1973) Possession of Controlled Substance (xanax), misdemeanor. The defendant was sentenced to 364 days in jail, all suspended, with probation, to include obeying all laws, and undergo a drug and alcohol screening (and follow all recommendations)

Henry Pacheco (1980) (Repeat Offender Plea and Disposition Agreement) Battery Upon A Peace Officer (a fourth degree felony, occurring on February 14, 2019), Aggravated Fleeing from a Peace Officer (a fourth degree felony occurring on May 31, 2019), Felony Driving While Under the Influence of Intoxicating Liquor or Drugs ( May 16, 2018), 4th offense. The defendant further admitted his identity as the same person previously convicted of three prior felony offenses in the preceding ten years. He further admitted having been previously convicted of three separate Driving While Under the Influence of Intoxicating Liquor or Drugs. If convicted of all counts and all prior convictions, the defendant would face a mandatory 8 years in prison to up to an addition four and one half years. The plea agreement between the State of New Mexico (District Attorney’s office) and defendant stipulated that the Defendant would serve one year of the eight year mandatory habitual sentence and one year of the four and one half year sentence on the current charges, that those years would run consecutive to each other for a two (2) year sentence, which would run consecutive to a current prison sentence he is serving on another case. Five years supervised probation will follow his release from prison. The District Court sentenced the defendant in accord with the parties’ agreement.

Paul Roybal (1980) Possession of Controlled Substance (methamphetamine), a fourth degree felony occurring on April 4, 2019. Both the District Attorney’s office and defense counsel agreed to recommend a Conditional Discharge with 18 months supervised probation, as this is Defendant’s first felony conviction. The District Court sentenced the defendant in accord with the parties’ agreement.

Andrew M. Romero (1982) (Repeat Offender Plea and Disposition Agreement) Possession of Controlled Substance, a fourth degree felony, two counts, one occurring on March 7, 2019, and one on March 21, 2019. The defendant further admitted his identity as the same person previously convicted of three prior felony offenses in the preceding ten years. The defendant faced a mandatory eight years on the repeat offender convictions. He faced up to 18 months on each of the Possession of Controlled Substance charges. The District Attorney’s office agreed to not pursue the habitual offender years. The District Attorney’s office and defendant further agreed to 18 months on each possession charge, to run consecutive to each other for a three year sentence to the Department of Corrections, but recommended the entire sentence be suspended in its entirety and that he be placed on supervised probation for three years. The District Court sentenced the defendant in accord with the parties’ agreement.

4. The following persons came in front of District Judge Kennelly:

Samuel Neal (1985) Order Granting State’s Motion for Pretrial Preventative Detention: The Court heard testimony from the victim in the case and from a Raton Police Department officer on the charges of Criminal Sexual Penetration in the Second Degree, First Degree Kidnapping, Aggravated Battery with Great Bodily Harm and Interference with Communication from a 2019 incident occurring at an abandoned motel in Raton. The Court found: no release conditions would reasonably protect the safety of a person or the community, the charges are highly violent, the weight of the evidence is strong, the allegations were committed against a random woman the defendant did not know, the defendant has a criminal history of battery, assault, resisting arrest and domestic violence, the defendant has post-traumatic stress disorder from time in the military, and the defendant has other mental health issues, no home or ties to the community and, if released, is likely not to appear for trial, and finally that a GPS ankle monitoring system is insufficient in this case to ensure the safety of the community. The Court Ordered the Defendant detained at the Vigil Maldonado Detention Center, Colfax County without bond while awaiting trial or final resolution of the charges.
Rodney Gene York, Jr. (1985) Order Granting State’s Motion for Pretrial Preventative Detention: The Court heard testimony from two victims in the case alleging two counts of Residential Burglary from October 11, 2019, incidents occurring in Raton and Angel Fire as well as from police officers involved in the cases. The Court found that the nature and circumstances of the offenses charged occurring on the same day in two communities greatly compromised the safety of the community. The Court found the weight of the evidence is strong on both the alleged burglaries. The Court further found that the defendant has an extensive criminal history of larceny, burglary, dangerous drugs and failures to appear, as a juvenile and as an adult, and that the defendant, if released, would likely commit new crimes and fail to appear for trial. The Court then Ordered the Defendant detained at the Vigil Maldonado Detention Center, Colfax County without bond while awaiting trial or final resolution of the charges.

LeRoy Cordova, Jr. (1990) appeared before the Court on a bail/conditions of release hearing following a State’s Motion to Revoke Probation on original convictions for Aggravated Fleeing a Law Enforcement Officer and Resisting, Evading or Obstructing an Officer on May 15, 2019. After advising the defendant of the allegations and the penalties provided by law, his constitutional and statutory rights, the defendant denied the allegations and the Court released the Defendant on his own recognizance with conditions of release, pending resolution of the Motion to Revoke Probation. The defendant remains under the supervision of the Adult Probation and Parole office, with all previous conditions of probation in effect until final hearing.

Jeremy Jines (1974) appeared before the Court on State’s Motion to Revoke Conditions of Release regarding the use or consumption of alcohol while awaiting trial on a Driving While Under the Influence of Intoxicating Liquor or Drugs (5th offense, refusal), a felony offense from February 6, 2019. The Court heard from two witnesses and found that the Defendant had violated said condition of release. The defendant was then allowed release pending trial with the additional conditions of an alcohol-detecting ankle monitor and an ignition interlock device in any vehicle he drives. Jury trial is set for March 23, 2020.

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