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:
Vanessa Duran (DoB 1988) Contributing to the Delinquency of a Minor
Leroy Cordova Jr. (DoB 1990) Trafficking (by distribution) of a Controlled Substance (methamphetamine), Possession of a Controlled Substance (methamphetamine), Contributing to the Delinquency of a Minor, Possession of Drug Paraphernalia, Open Container
Mary Rippetoe (DoB 1957) False Evidence of Title, No Insurance
Filbert Sandoval Jr. (DoB 1977) Unlawful Taking of a Motor Vehicle
2. John Sanchez (DoB 1977) was before the Court for sentencing in two separate cases, following a probation violation filed by the State in each matter. The underlying convictions were for Breaking and Entering, Criminal Damage to Property (03/25/2017) and Possession of a Controlled Substance and Drug Paraphernalia (05/30/2017). The defendant had previously admitted to two prior felony offenses, so pursuant to the Habitual Offender Act was facing a mandatory four years incarceration on the prior convictions. The Court sentenced the defendant to the four years in the New Mexico Department of Corrections. He will serve five years of supervised probation upon his release, to include the conditions of obeying all laws, seeking and completing alcohol/drug counseling, attending and completing mental health counseling, and pursuing GED training and completion.
3. The following persons pleaded guilty and were sentenced in front of Judge Melissa Kennelly:
Damien Moyers (DoB 1983) Possession of a Controlled Substance (methamphetamine). The defendant also admitted two prior felony offenses, both in Valencia County. The State and the Defendant agreed that the Defendant would serve an eighteen month suspended sentence, with probation through the Adult Probation Office. The District Court sentenced the defendant in accord with the parties’ agreement.
Charlie Don Romero (DoB 1973) (Repeat Offender Plea and Disposition Agreement) Residential Burglary (a third degree felony, occurring on February 5, 2017), Battery Upon a Health Care Worker (a fourth degree felony, occurring on February 5, 2017), Commercial Burglary (a fourth degree felony, occurring on November 30, 2017). The defendant further admitted his identity as the same person previously convicted of one prior felony offense in the preceding ten years (Quay County, 2012). If convicted of all counts and the prior conviction, the defendant would face a mandatory 1 year in prison to up to an additional six years. The plea agreement between the State of New Mexico (District Attorney’s office) and defendant stipulated that the habitual year would be held in abeyance, and that the three counts would run consecutive to each other for six years. The parties further agreed that the sentence would be suspended in its entirety and the defendant would be placed on supervised probation for five years (the maximum period any person can serve on felony probation in New Mexico) to include obeying all probation conditions and payment of restitution. If there are no violations of probation, after three years the probation would become unsupervised. The District Court sentenced the defendant in accord with the parties’ agreement.
Felix Patterson (DoB 2000) Previously pleaded guilty to Unlawful Carrying of a Deadly Weapon (pocket knife) on School Premises, Aggravated Battery (Great Bodily Harm), a third degree felony, and Conspiracy to Commit Aggravated Battery (Great Bodily Harm), a fourth degree felony, occurring in December 2018. The State and defendant agreed that Defendant would face a range from probation to up to two years in the Department of Corrections. A pre-sentence report was ordered, prepared (by the Adult Probation and Parole office) and received by the District Judge before sentencing. The District Attorney’s office recommended two years incarceration in the New Mexico Department of Corrections, with a year probation to follow. The defense counsel recommended probation based on the age (18) of the defendant when the crimes were committed, the fact he was in high school when the crime was committed, the lack of any prior convictions, his taking responsibility for his actions, the lack of any evidence of drug use, and the need for anger management counseling. The District Court sentenced the Defendant to a three year Conditional Discharge, with supervised probation, to include anger management counseling, and an alcohol/drug assessment and to follow any recommendations.
4. The following persons appeared in District Court on Probation Violation First Hearings
Dwayne Lujan (DoB 1976) appeared before the Court on a bail/conditions of release hearing following a State’s Motion to Revoke Probation on original convictions for Aggravated Battery on a Peace Officer, Battery on a Peace Officer, three counts of Battery Against a Health Care Worker and Aggravated Battery on a Household Member (misdemeanor), convictions from 04/20/2011. 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 set a $ 7,500 cash/surety bond with conditions of release, pending resolution of the Motion to Revoke Probation.
Derick Gonzales (DoB 1989) appeared before the Court on a bail/conditions of release hearing following a State’s Motion to Revoke Probation on original convictions for Unlawful Taking of a Motor Vehicle, Disorderly Conduct and Reckless Driving convictions from July, 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 set a $ 2,500 bond, with 10% cash deposited to the Court with conditions of release, pending resolution of the Motion to Revoke Probation.
Michael Angelo Chavez (DoB 1989) appeared before the Court on a bail/conditions of release hearing following a State’s Motion to Revoke Probation. 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 set a $5,000 cash/surety bond with conditions of release, pending resolution of the Motion to Revoke Probation.
Mark Lucero (DoB 1999) appeared before the Court on a bail/conditions of release hearing following a State’s Motion to Revoke Probation on original convictions for Aggravated Assault, convictions from 03/15/2019. 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 set a $ 2,500 bond, with 10% cash deposited to the Court with conditions of release to include house arrest with an ankle monitor with work release permitted, pending resolution of the Motion to Revoke Probation.
5. The following persons came in front of District Judge Kennelly:
Mark Marshall (1985) The defendant previously entered a straight up guilty plea on the morning of trial to Aggravated Fleeing a Law Enforcement Officer, a fourth degree felony, three counts of Resisting, Evading, or Obstructing an Officer, misdemeanors, Reckless Driving, Improper Display of Registration, and Expired Registration, and appeared for sentencing in front of Judge Kennelly. The defendant has five other pending felony cases which were not part of this sentencing. He further is serving five and one half years in the New Mexico Department of Corrections on a previous felony sentence out of Colfax County. He receives 50% ‘good time’ credit on that sentence. He was facing probation to up to nine years in the Department of Corrections. Based on the Defendant’s criminal history, the District Attorney’s office asked the Court to impose the full nine years in the penitentiary. The Defendant recommended nine years with five suspended (to be served at the same time as his current sentence with five years supervised probation to follow). The Court sentenced the Defendant to nine years in the Department of Corrections and suspended four, to be served concurrently (at the same time) to his current five and a half year sentence in prison. The Court acknowledged that each of the defendant’s five additional pending felonies will be taken up by the Court as they make their way through the criminal justice system.
Jeffrey Garcia-Sandoval aka Jeffrey Sandoval-Garcia (DoB 1990) Order Granting State’s Motion for Pretrial Preventative Detention: The Court heard testimony from an eyewitness in the case charging defendant with murder, as well as officers who investigated the case, the defendant’s criminal history and officer documents in both his pending criminal cases. 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; there is incriminating evidence against the defendant testified to by the police; the murder case is alleged to have occurred while defendant was on release on his other felony case; the defendant has nine arrests in the time from 2014 – 2018; the defendant appears to have mental health issues; and the defendant has failed to appear on charges in the past. The Court found that no release conditions exist 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 both cases.
Angelo Hernandez (1982) appeared before the Court on the State’s Motion to Revoke Conditions of Release while awaiting trial on charges of Possession of a Controlled Substance, a fourth degree felony, Attempt to Commit Breaking and Entering (misdemeanor), Criminal Trespass (misdemeanor) and Criminal Damage to Property under $1000 (misdemeanor) occurring on July 25, 2019. The Court heard from a witness regarding violations of house arrest. The Court reviewed the release conditions and found that the Defendant remained in compliance with his ankle monitor restrictions, curfew, and his presence in particular places around town. The Court found that there were no positive drug tests, that the defendant had secured employment, and that he has appeared for all hearings and that therefore the continued conditions of release were sufficient to ensure the safety of the community and the attendance of the Defendant at all subsequent hearings. The State’s Motion to Revoke Conditions of Release pending trial was therefore denied. Jury trials will be set within six months.
