Emails show prosecutors misled public about plea deal with former Martinez cabinet secretary

Assistant District Attorney Joshua Boone wanted to reassure his boss. A political blogger was raising questions in early February about why the DA’s office had agreed to plead Ryan Flynn’s aggravated DWI charge, leveled after a May 20, 2017 traffic stop, down to careless driving. Flynn, one of the state’s most influential powerbrokers, was Gov. Susana Martinez’ former Environment Department secretary, and now heads up the New Mexico Oil and Gas Association. This story originally appeared in the Santa Fe Reporter and New Mexico In Depth and is reprinted with permission. In a Feb.

How one influential NM powerbroker might have escaped a drunken driving charge

Just after midnight on May 20, Albuquerque Police Officer Joshua Montaño saw a luxury sedan veer into a turn bay blocked off by bright orange traffic barrels before it pulled back over a solid divider line onto an Interstate 25 frontage road. Montaño flipped on his emergency police lights and the 2004 Infiniti stopped in the parking lot of the Marriott Pyramid, a high-end hotel in Northeast Albuquerque. A veteran DWI cop who has conducted hundreds of drunken driving investigations, Montaño approached the vehicle on foot. He was armed with a slew of additional information gleaned from a police service aide and a concerned citizen: The Infiniti’s driver had swerved numerous times traveling northbound from downtown Albuquerque, he’d delayed proceeding through a green light by 10 seconds, he’d driven 10 mph under the posted speed limit, and he’d done it all with his headlights turned off. In the driver’s seat of the car was Ryan Flynn, 39, Gov. Susana Martinez’ former cabinet secretary of the New Mexico Environment Department, who left that job in 2016 to become executive director of the New Mexico Oil and Gas Association.

Supporters rally for LGBTQ-friendly club

One week after a Nob Hill nightclub was subjected to homophobic attacks, a group of supporters rallied Sunday morning to support Albuquerque Social Club. Anthony Montaño, who manages the LGBTQ-friendly club, told NM Political Report the harassment began Saturday, April 1, when the club received four threatening phone calls. The next day, Montaño said the harassment continued and the club’s door staffer “felt threatened enough to call the police.”

That evening, two club staffers saw two cars pull up into the parking lot as they were leaving from work. Each car brandished guns, Montaño said, and fired a total of three shots into the air. The staffers ran inside and called the police.

DA will not retry officers in Boyd shooting

Bernalillo County District Attorney Raul Torrez announced Friday afternoon his office would not reopen the case against former Albuquerque Police Department  officers Dominique Perez and Keith Sandy. The announcement came almost three months after Torrez took office and two months after he announced a special task force of prosecutors would review the case. In a press conference Torrez said both the task force and two attorneys from his office came to the same conclusion—that there was no evidence to show that a new trial would result in a new outcome. “There is no reason to believe the case against officers Sandy and Perez could be tried better or more exhaustively at a second trial or that a second jury could reach a different outcome than the first,” Torrez told reporters. The decision to not prosecute signals the end to a nearly-two year legal battle.

New Mexico Legislature, Congress diverging on gun sales checks

A House committee on Saturday advanced a bill that would expand required background checks to include most gun purchases in New Mexico. After a hearing that lasted more than three hours, the Consumer and Public Affairs Committee voted 3-1 along party lines in favor of House Bill 50, sponsored by Rep. Stephanie Garcia Richard, D-Los Alamos. The committee’s action mirrored that of a Senate panel that last week approved an identical proposal, Senate Bill 48. While the New Mexico Legislature is moving toward expanding mandatory background checks, Congress is heading in the other direction. The U.S. House of Representatives last week voted 235-180 to scuttle an Obama-era rule requiring background checks for gun purchases by some Social Security recipients with mental disabilities.

Raul Torrez

Incoming DA announces panel to look at retrying case in James Boyd shooting

Two weeks before he takes office, incoming District Attorney Raul Torrez announced he had formed a team of prosecutors that will review a high-profile officer shooting case in Albuquerque. The goal is to determine whether to prosecute the case again. Torrez will officially take office as the 2nd Judicial District attorney next month, but on Tuesday said he already convened a group of seven district attorneys from around the state to review the controversial case involving Keith Sandy and Dominque Perez. Sandy and Perez were Albuquerque police officers who were charged with the death of homeless camper James Boyd. The first trial ended in a hung jury.

Murder charge against one ex-APD officer dropped

Special Prosecutor Randi McGinn on Monday dismissed the second-degree murder charge against former Albuquerque police officer Dominique Perez, who was accused of fatally shooting homeless camper James Boyd in March 2014. McGinn filed a one-page motion in state District Court in Albuquerque to dismiss the case “without prejudice,” which means that incoming District Attorney Raul Torrez could refile the charge if he chooses to after he takes office on Jan. 1. McGinn said she couldn’t comment on why she dismissed the charge against Perez, but she did add that the second-degree murder charge against former officer Keith Sandy remained in place and that Torrez will have to decide on whether to retry Sandy. McGinn said she spoke last week with Perez’s attorney, Luis Robles, about her intent to dismiss the charge against his client.

Protesters block traffic after hung jury in ex-APD officers’ trial

Protesters, disappointed with a mistrial in the case of two Albuquerque police officers, blocked traffic, chanted and had a few tense moments with police Wednesday night in downtown Albuquerque. The protesters, under 100 at the peak and almost a quarter that by the end of the protest hours later, began at the 2nd Judicial District courthouse, before marching to the police station. After returning to the courthouse, protesters briefly clashed with police wearing tactical gear. Reporters saw pushing and shoving between the two groups. Police eventually got protesters to retreat to the sidewalk next to the courthouse without any arrests.

Raul Torrez

Only one candidate for DA in Bernalillo County

The Bernalillo County district attorney race is essentially decided two months ahead of election day, as the Democratic candidate is officially running unopposed. Former federal prosecutor Raul Torrez will now head to the polls with an almost guaranteed win for the DA race this November. “From the beginning of our campaign, we have set out to build a modern, thoughtful criminal justice system in this community that not only keeps our families safe, but also makes us proud,” Torrez said in a statement to NM Political Report. “Over the coming weeks and months, I look forward to discussing these values and ideas with stakeholders from all across the community as we prepare to take office in January.” Torrez won the primary election against former Albuquerque police officer Ed Perea and briefly ran against Republican Simon Kubiak until Kubiak dropped out of the race in June. The Republican Party of Bernalillo County confirmed earlier this week that no Republican candidate would run for the position.

Kubiak drops out of BernCo DA race

Republican Simon Kubiak announced Thursday he is dropping out of the race for District Attorney in Bernalillo County. Kubiak, an Albuquerque defense attorney, told NM Political Report his reasons for dropping out are “purely financial” and that he was at a disadvantage against his Democratic candidate Raul Torrez. “I just can’t raise as much money as Raul,” Kubiak said in a phone interview. According to its latest filing, Kubiak’s campaign reported having slightly more than $1,600 in cash on hand with $500 of unpaid campaign debt. Kubiak loaned that money his campaign to open a bank account.