Criminal Justice & Public Safety

Former GOP candidate faces federal charges for shootings of homes of prominent Dems

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A federal grand jury indicted the man and two alleged co-conspirators who allegedly shot at prominent Albuquerque Democrats’ homes in late 2022 this week. Former Republican state house candidate Solomon Peña and alleged co-conspirators Demetrio Trujillo and Jose Louise Trujillo were charged on counts including conspiracy, interference with federally protected activities and using and carrying a firearm during and in relation to a violent crime, possessing a firearm in furtherance of such crime and aiding and abetting in all but the conspiracy count. U.S. District Judge Kea W. Riggs unsealed the federal court documents on May 31. In 2022, Peña ran for the state House District 14 seat against incumbent Democrat Miguel Garcia. Garcia won the race with 74 percent of the vote to Peña’s 26 percent.

Criminal Justice & Public Safety
Gov. Michelle Lujan Grisham speaks during a press conference announcing the re-establishment of the Organized Crime Commission.

Gov reestablishes organized crime commission

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Gov. Michelle Lujan Grisham announced on Wednesday that she reestablished a multi-agency Organized Crime Commission. The governor said during a press conference that the reestablished commission is “indicative of the kind of leadership that is occurring in the state of New Mexico that is laser-focused on public safety” and holding “individuals conducting criminal activity accountable at every level in every single place in the state and doing it in such a fashion that lends itself to our federal partners and other states so that we’re collaborating across state lines on activity that we know is impacting individuals public safety right here in our state.” 

Lujan Grisham said she brought back the commission to combat human trafficking, drug trafficking and illegal gun access. “The individuals who participate here today are going to be looking at ways to enhance our success and holding those individuals accountable,” Lujan Grisham said. “The individuals on the street that they recruit drug trafficking, human trafficking, illegal gun access and distribution… which all lends itself into some of the worst public health outcomes the country has ever seen.”

Lujan Grisham did not know how long since the commission was last active; however’ the last formal report from the commission came in 1978. Gov. Bill Richardson, who held office from 2003-2011, reestablished the commission but the Lujan Grisham administration could not find documents from that era.

Criminal Justice & Public Safety
"Vote Here" signs in front of the Otero County Administration Building on New York Avenue in Alamogordo.

New Mexico officials respond to the Dominion/Fox News settlement

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New Mexico’s top election official praised the settlement by Fox News in a defamation case over lies told by the network over the 2020 election. On April 18, Dominion Voting Systems accepted a nearly $800 million settlement from Fox News in the defamation case against the cable channel giant. This came on the same day the defamation case was set to go to trial. The suit came following former President Donald Trump’s re-election bid failed and he then claimed the election was not properly conducted since he lost. “The historic settlement is a victory for Dominion Voting Systems just as much as it is a victory for our democracy and for voter confidence,” New Mexico Secretary of State Maggie Toulouse Oliver said Wednesday.

Criminal Justice & Public Safety

Bill to end life without parole as a sentencing option heads to Guv’s desk

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A bill to eliminate life in prison without the possibility of parole for juveniles sentenced as adults passed the House in the early hours of Sunday morning by a 37-25 vote. State Sen. Antoinette Sedillo Lopez, D-Albuquerque, sponsored SB 64. House Majority Leader Gail Chasey, D-Albuquerque, a cosponsor, presented the bill to the House. The bill would, if enacted, retroactively impact 70 adults out of a prison population of about 7,000 individuals in New Mexico and it will end the possibility of a child sentenced as an adult of being given the sentence of life without the chance of parole. It would not automatically grant parole.

Criminal Justice & Public Safety

Bill targeting private paramilitaries passes first committee

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The House Judiciary Committee approved a bill that would make creating a private paramilitary organization a crime.. HB 14, sponsored by Rep. Raymundo Lara, D-Chamberino, seeks to create a crime out of establishing one’s own private paramilitary organization and that organization’s actions would also be deemed a crime. Expert witness Mark Baker, an Albuquerque attorney who has worked on paramilitary cases in Sunland Park and Albuquerque, explained the bill substitute. “The substitute for the committee substitute for House Bill 14 has a couple of changes,” Baker said. One change was to change the definition of “dangerous weapon” to “deadly weapon,” which is already included in law. 

The substitute also made the punishment for violating the law uniform instead of multiple different options.

Criminal Justice & Public Safety

Bill preventing ICE contracts at prisons passes first committee

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The Senate Health and Public Affairs Committee passed a bill Wednesday that, if enacted, would prevent law enforcement from detaining individuals for federal civil immigration violations. SB 172 would prohibit Immigration and Customs Enforcement contracts with privately-owned prisons such as those in Torrance, Cibola and Otero Counties, bill co-sponsor Sen. Antonio “Moe” Maestas, D-Albuquerque, said. According to bill sponsors, the bill’s purpose is to help alleviate some of the issues plaguing current immigration policies. The bill passed on a 5-2 vote. “I… want to just point out this is not a private prison ban.

Criminal Justice & Public Safety
House Government, Elections and Indian Affairs Committee Ranking Member Rep. Martin Zamora, R-Clovis asks a question during the committee hearing for HJR 9 concerning bail reform.

Effort to change bail system one step closer to the ballot

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The House Government, Elections and Indian Affairs Committee heard House Joint Resolution 9 Wednesday morning. The committee moved the legislation to the House Judiciary Committee with a Do Pass Without Recommendation. The legislation proposes a constitutional amendment to allow bail denial conditions to be set by the Legislature. It would also remove the judicial requirement that bail decisions are only made by courts of record, removes the bail denial limitation for those charged with felonies, clarifies that bail may be denied if conditions of release would not “reasonably assure” the defendant’s court appearances and the legislation removes some court procedural directions. HJR 9  updates language in the part that prevents defendants from being detained based on an inability to pay.

Criminal Justice & Public Safety

Peña sent to pre-trial detention in case of shooting at politicians’ houses

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The former Republican candidate who allegedly masterminded the shooting of four houses of Democrats  was ordered to remain in pre-trial detention during a hearing in Second Judicial District Court on Monday. Judge Brett Loveless granted prosecutors’ motion to keep Solomon Peña, 39, in pre-trial detention for a charge of receipt, transportation or possession of a firearm or destructive device by certain persons. Peña remains incarcerated at Metropolitan Detention Center in Albuquerque. The charge is among 15 charges against Peña in the case of four drive-by shootings at Democratic politician’s homes in December and January. Peña was charged on four counts each of shooting at a dwelling or occupied building, shooting at or from a motor vehicle and conspiracy to shoot at a dwelling or occupied building.

Criminal Justice & Public Safety

APD investigating alleged political shooting mastermind’s campaign finances

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Albuquerque Police detectives found what they think may be illegally obtained campaign contributions while investigating Solomon Peña and the shootings he allegedly masterminded. “APD detectives learned through witness interviews related to the shooting investigation that Peña identified individuals to funnel contributions from an unknown source to his legislative campaign,” an APD news release states. “Detectives are working with other law enforcement agencies to determine whether the money for the campaign contributions was generated from narcotics trafficking and whether campaign laws were violated.”

Campaign finances are regulated under the Campaign Reporting Act, or CRA, which is under the State Ethics Commission’s purview. “Presently, our office is reviewing the matter for CRA violations,” State Ethics Commission spokeswoman Suha Musa said via email. “If the Commission takes action in this matter, it will do so at a public meeting.”

The Campaign Reporting Act dictates how campaign funding can be used.

Criminal Justice & Public Safety
State Rep. Javier Martinez addresses the media prior to being named Speaker of the House on Jan. 17, 2023.

Speaker Martinez comments on shooting of his house

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Speaker of the House Javier Martinez, D-Albuquerque, opened up about the recent shootings of houses owned by Democratic politicians in Albuquerque, including his own. Martinez held a press briefing prior to the opening of the legislative session on Tuesday. “It’s long overdue, that we lower the temperature,” Martinez said. “These are the things that can happen when rhetoric gets out of hand. I am incredibly grateful to the Albuquerque Police Department, to (Albuquerque) Mayor (Tim) Keller and to all of those who played a role in protecting our safety and ensuring that our democracy remains intact.”

Martinez expressed alarm that the shootings occurred.