On July 21, 2020, the Eighth Judicial District Attorney’s Office completed its first jury trial in the district since the COVID-19 pandemic. It occurred in Colfax County in State v. Jason Van Sweden, D-809-CR-2018-00195. Precautions were taken to keep jurors and all parties safe during the trial. The court dedicated the entire day of July 20, 2020, to jury selection due to COVID-19 precautions. During jury selection, one member from the jury pool, who had expressed concerns about COVID-19 on his supplemental questionnaire, was asked if he still had those concerns. That individual stated he no longer had those concerns once he saw the precautions that were taken in the courthouse, which included social distancing and mask compliance at all times. Hand sanitizer was placed throughout the courtroom, and the jurors never congregated in a small room but rather deliberated in the larger courtroom. The Eighth Judicial District Attorney’s Office considers this jury trial a success; the trial ran smoothly with the precautions in place. The defendant was convicted of aggravated driving while under the influence of intoxicating liquor (fifth offense) and two counts of resisting, evading, or obstructing an officer. Sentencing will occur at a later date.
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The Eighth Judicial District held its first criminal trial (July 14, 2020), involving the appeal of a 2019 DWI Conviction, since COVID-19 put in-person trials on hold. The hard work of Prosecutor Lucas Helper – with the help of the New Mexico State Police – resulted in a DWI 3rd offense conviction.
Most hearings have been held via video-conference in recent months, with numerous jury trials being reset in the name of public safety. The Eighth Judicial District Attorney’s Office is encouraged to see the Court proactively moving criminal cases forward.
On May 24, 2019, Defendant George Dominguez was the subject of a traffic stop in Red River. A group caught the attention of New Mexico State Police Officers who were on foot patrol. The Officers judged members of the group, which had been involved in a confrontation at a local bar, to be intoxicated. According to an incident report, the Officers warned the group against driving. However, about 10 minutes after this warning, they witnessed the group pile into a vehicle and start to drive away.
According to the report, the Officers went to their vehicle and immediately initiated a traffic stop. Following the administration of standard field sobriety tests, during which the report states Mr. Dominguez performed poorly, he was placed under arrest for Aggravated DWI (3rd Offense) and an open container violation, and he was taken to the Taos County Adult Detention Center.
Mr. Dominguez was found guilty of DWI 3rd offense in Taos County Magistrate Court last December and soon filed the appeal that was the subject of this week’s trial. We thank the New Mexico State Police their hard work and long hours; rest assured we will continue to work together to keep our roads safe from intoxicated drivers.
The Eighth Judicial District is gearing up to see that justice is pursued in a timely and Covid-conscious manner.
Extensive public safety measures have been implemented at the Courthouse, including questionnaires, mandatory masks, temperature checks, Plexiglas barriers and social distancing, with the aim of keeping members of the public – along with staff, officers, witnesses, attorneys, judicial officials and others – safe during this difficult time. We appreciate the hard work of our dedicated employees as well as the public’s cooperation as we advance the essential cause of criminal justice in our community, particularly in light of the challenges COVID-19 has presented to us all.
Be safe and be well.
