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8th Judicial District Court Docket Report (Colfax County; week of February 2, 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:

Aaron Trujillo (1990) Extortion (third degree felony), Unauthorized Distribution of Sensitive Materials (misdemeanor)

Tylo Bigbee (1983) Trafficking a Controlled Substance (by Possession With Intent to Distribute, 1st offense, second degree felony), Tampering with Evidence (third degree felony), Possession of Drug Paraphernalia (misdemeanor), Unlawful Carrying of a Deadly Weapon (petty misdemeanor)

Larry Archuleta, Jr. (1986) Contributing to the Delinquency of a Minor (4th degree felony), Possession of Drug Paraphernalia (petty misdemeanor)

2. The following trial de novo (bench trial in district court following the completion of a magistrate court trial on the merits) was heard in front of Judge Melissa Kennelly on February 5, 2020;

Isaac Tafoya (DoB unknown) for the charge of criminal trespass alleged to have occurred on January 21, 2018, on the Tongue River Ranch, Colfax County. The Court heard testimony and arguments from both parties, and found the defendant GUILTY of the misdemeanor offense of criminal trespass. The Court remanded the matter to the Magistrate Court for enforcement of the magistrate court’s sentence and judgment.

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

Alex Kolb (1988) Residential Burglary (third degree felony from August 6, 2019), Possession of a Controlled Substance (methamphetamine, a fourth degree felony from August 6, 2019), Driving Under the Influence of Intoxicating Liquor or Drugs (2nd offense a misdemeanor from October 2, 2019), Possession of a Controlled Substance (methamphetamine, a fourth degree felony from December 5, 2019), Escape or Attempt to Escape from a Peace Officer (a fourth degree felony from December 5, 2019), Aggravated Driving Under the Influence of Intoxicating Liquor or Drugs (3rd offense a misdemeanor from December 5, 2019). The parties proceeded to sentencing where the State recommended all counts run consecutive to each other, for a total period of incarceration of nine and one half (9 1/2) years in the New Mexico Department of Corrections. They recommended to the Court that the sentence be suspended in its entirety, and that the defendant be placed on supervised probation for the maximum period allowable in New Mexico of five years. The defendant must also complete all DWI requirements, through the DWI compliance officer, including 94 days in jail and $ 1,250 fines. He must undergo an alcohol and drug screening by HRDA, and follow all recommendations from that agency. The defendant shall also pay $1000 restitution on the Residential Burglary conviction. The defendant was released from custody upon sentencing. Probation is supervised by the Raton Adult Probation and Parole Division.

Rhett Ridolfi (1991) Possession of a Controlled Substance (methamphetamine a fourth degree felony from October 25, 2019), Possession of a Controlled Substance (heroin, a fourth degree felony from October 25, 2019), Possession of Controlled Substance (heroin, a fourth degree felony from June 21, 2019, two counts), Driving While Under the Influence of Intoxicating Liquor or Drugs (1st offense, misdemeanor from June 21, 2019), Possession of Controlled Substance (heroin, fourth degree felony from December 5, 2019), Driving While Under the Influence of Intoxicating Liquor or Drugs (2nd offense, misdemeanor from December 5, 2019). The parties proceeded to sentencing where the State recommended a total period of incarceration of five years and nine months in the New Mexico Department of Corrections. They recommended to the Court that the sentence be suspended in its entirety, and that the defendant be placed on supervised probation for the maximum period allowable in New Mexico of five years. The defendant must also complete all DWI requirements, through the DWI compliance officer, including 96 consecutive hours in jail and $ 800 fines. Probation is supervised by the Raton Adult Probation and Parole Division.

Stephanie Cruz (1970) Possession of a Controlled Substance (codeine, a fourth degree felony, from November 20, 2019. The Court proceeded to sentencing following her guilty plea. The District Attorney and counsel for the Defendant jointly recommended a Conditional Discharge (for first time offenders, the least serious felony sentence) with eighteen months supervised probation. The probation will be supervised by the Raton Adult Probation and Parole Division, and will include a $ 100 donation to Crimestoppers, along with all other regular conditions of probation (including to obey all laws, no alcohol or drugs).

Christopher Spikes (1970) Possession of a Controlled Substance (a fourth degree felony from October 26, 2019), Driving on a Revoked License (pursuant to prior DWI, a misdemeanor from October 26, 2019), Non Residential Burglary (fourth degree felony, from May 1, 2019), Receiving Stolen Property (over $ 2500, a third degree felony from October 24, 2019) and Residential Burglary (a third degree felony from June 7, 2019). Following the defendant’s guilty plea to these charges, the Court proceeded to sentencing. The District Attorney and counsel for the defendant recommended the charges run consecutive for a sentence of nine years in the New Mexico Department of Corrections, but recommended that be suspended in its entirety and he be placed on supervised probation for five years. Based on the parties recommendations, the Court accepted the recommendation, and sentenced defendant accordingly. The defendant’s probation will be supervised by the Raton Adult Probation and Parole Department, with all regular terms of probation being required.

Joe Angelo Bacca (1995) (Repeat Offender Plea and Disposition Agreement) Possession of Controlled Substance, heroin, a fourth degree felony, occurring on March 8, 2019. The defendant further admitted his identity as the same person previously convicted of one prior felony offense in the preceding ten years. The defendant faced a mandatory one year on the repeat offender conviction. He faced up to 18 months on the Possession of Controlled Substance charge. The District Attorney’s office agreed to not pursue the habitual offender year unless he is subsequently shown to have violated his probation. The District Attorney’s office and defendant further agreed to 18 months on the possession charge, to run consecutive to the probation he is currently serving on his prior conviction. The parties jointly recommended to the Court that the entire sentence be suspended and that he be placed on supervised probation for eighteen months on the current charge, to include all regular conditions of probation, those previously imposed upon him for his prior conviction and to complete Drug Court or the equivalent during probation. The District Court sentenced the defendant in accord with the parties’ agreement.

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

Adam Raymond (1984) Order Granting State’s Motion for Pretrial Preventative Detention: The Court took evidence and witness testimony presented by the State showing three separate cases, two felony matters and one misdemeanor. All cases have occurred since August, 2019, and all involve levels of physical violence – against a complete stranger, against a family member and others gathered, and against a police officer attempting to arrest him on an outstanding warrant. 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, one of the allegations was committed against a man the defendant did not know, one involved a knife, the defendant has a criminal history of battery, assault, and failures to appear (including one of the current cases against him). The Court further found that if released, the Defendant is likely not to appear for trial, and finally that no conditions of release are sufficient in these case to ensure the safety of the community or any person. 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.

Sofia Garcia (1982) State’s Motion to Revoke Probation, previously Ordered on November 21, 2019, for the fourth degree felony offense of Possession of a Controlled Substance. The Court found a violation of probation (to obey all laws), and reinstated probation with an additional condition of forty hours of community service, as recommended by the District Attorney’s office.

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