The Taos County Magistrate Court held its first criminal jury trial today (September 8, 2020) with COVID-19 safeguards in place. Temperature checks, masks, social distancing, hand sanitizer an and the regular application of disinfectant on benches, doors and railings were among the steps taken to keep jurors and court staff safe.
The case concerned a March 2019 incident in which William “Buck” Johnston climbed a water well-drilling rig in El Prado and refused to come down for several days. The six-member jury found Johnston guilty of criminal trespass and resisting, evading or obstructing law enforcement officers in the course of their duties.
Leaders of the El Prado Water and Sanitation District and New Mexico State Police Officers who were tasked with coaxing Johnston down from the rig testified that he illegally climbed the structure and refused to leave the property when he was instructed to by police and District officials.
Christine Dimas, General Manager of the Water and Sanitation District, testified that the well was being drilled in order for the District to comply with the Abeyta Settlement Agreement, a decades-in-the-making water adjudication that was finally signed at the end of 2012.
Dimas said that among the conditions of the settlement was a requirement that the District reduce the amount of water it drew from a well near the Taos Pueblo Buffalo Pasture, as Pueblo officials were concerned about negative impacts in that area. Hence, the District put a well project into motion off of Highway 64, several miles west of its intersection with State Roads 150 and 522.
Taking the witness stand in his own defense, Johnston told the jury that he was concerned about the impacts the well might have on the aquifer. He said he saw “the action” as a way to bring attention to the issue of water scarcity in the area and the long-term impacts well drilling could have. He also said he saw his act as a religious ceremony.
The jury did not agree with Johnston, however, and sent a clear message that criminal acts committed in Taos County will not be without consequences, despite high-minded excuses and tortured justifications.
“We all value our environment and want to protect it. However, there is a right way to make one’s voice heard. As today’s verdict made clear, trespassing, resisting officers and committing crimes that jeopardize the efficient delivery of water to our communities will not be tolerated,” said District Attorney Marcus Montoya. “Not only are we pleased with the outcome of this case, but we are also encouraged to see that the Court is able to operate safely; going forward we hope to be able to prosecute our cases in a timely manner as we strive to return to something that resembles ‘normal’ during this pandemic.”
