Court reviews gun-carry restrictions under health order in New Mexico, as states explore options - By Morgan Lee Associated Press
An effort to suspend gun-carry rights in public parks, playgrounds and other areas where children are often present went under the legal microscope Tuesday in a federal court in New Mexico, where the Democratic governor is testing the boundaries of her authority and constitutional law in response to violent crime in the state's largest metro area.
Gun rights advocates urged a federal judge to extend his September decision blocking all temporary gun restrictions by Gov. Michelle Lujan Grisham, arguing that even a new, scaled-back version of the public health measure would deprive Albuquerque-area residents of constitutional rights to carry a gun in public for self-defense under the 2nd Amendment.
U.S. District Judge David Urias said he won't rule until next week on a new request to block the order, allowing more time for written brief and deliberations. Enforcement of the temporary restrictions at public parks is on hold with little or no way to determine whether people still are carrying guns there. Urias has not blocked new provisions that explicitly suspend gun-carry rights at playgrounds.
The standoff is one of many in the wake of the U.S. Supreme Court decision last year expanding gun rights, as leaders in politically liberal-leaning states explore new avenues for restrictions.
An attorney for Lujan Grisham delivered an impassioned defense of the state's public health order Tuesday, calling it a "temporary cooling-off period" in response to several recent shootings that killed children and evidence of surging gun violence.
"What we are talking about is the mental health of our children who have to practice hiding from gunmen when they're at school," said Holly Agajanian, chief counsel to the governor. "I think that they're entitled to go to a park, I think they're entitled to go to the playground and not have to worry about whether or not somebody standing at the other end of the playground holding a weapon is a good guy or a bad guy."
Advocates for gun rights have filed a barrage of challenges to the 30-day health order, which originally included broad restrictions on carrying guns in public.
The governor plans to reissue her emergency orders on gun violence and drug for at least an additional 30 days, Lujan Grisham spokeswoman Maddy Hayden said Monday in an email. She said the urgent approach to violent crime is spurring arrests and reining in gunfire, even as the enforcement of gun restrictions is on hold. The orders include directives for monthly inspections of firearms dealers statewide, reports on gunshot victims at New Mexico hospitals and wastewater testing for illicit substances.
Urias ruled last month that gun restrictions in the governor's original order were likely to cause irreparable harm to people deprived of the right to carry a gun in public for self-defense.
The governor has tied the suspension of some gun rights to a statistical threshold for violent crime that applied only to Albuquerque and the surrounding area.
Urias said in a recent court filing that restrictions on gun activity at playgrounds and other places where children play "may very well be constitutional."
State police briefly would have authority under the order to assess civil penalties and fines of up to $5,000 for infractions. The sheriff and Albuquerque's police chief had refused to enforce it.
The order has energized advocates for gun rights, including Republican lawmakers who have threatened impeachment proceedings against Lujan Grisham.
Some influential Democrats and civil rights leaders warn that the governor's move could do more harm than good to overall efforts to ease gun violence, and the Democratic state attorney general has urged her to reconsider.
Other states including California, Washington, Colorado and Maryland have passed gun laws this year that face legal challenges.
Last week California Gov. Gavin Newsom signed nearly two dozen gun control measures, including ones banning the carrying of firearms in most public places while doubling taxes on guns and ammunition sales.
Newsom has acknowledged some of the gun measures might not survive in the courts. Last month a federal judge struck down a state law banning guns with detachable magazines that carry more than 10 rounds.
AG charges Las Cruces officer with voluntary manslaughter – KUNM News
New Mexico Attorney General Raúl Torrez is charging a Las Cruces police officer for the shooting death of a man in August.
Torrez announced Tuesday that he is charging Brad Lunsford with voluntary manslaughter with a firearm enhancement in the death of Presley Eze.
Eze was at a gas station in Las Cruces on August 2 when a station attendant called 911 to report he left the station with a beer he didn’t pay for, according to the AG’s officer.
Lunsford was the first officer on the scene and questioned Eze. He was unable to verify Eze’s identity and Lunsford and another officer forcibly removed Eze from his vehicle. Eze was unarmed and shirtless but resisted arrest. There was a scuffle and Eze ended up on top of one of the officers.
Eze placed his hand on the second officer’s taser and Lunsford shot Eze on the back and left side of his head. The AG said use of force experts reviewed footage and found Lunsford’s use of deadly force was not reasonable and other less lethal options should have been used.
NAACP Doña County President Bobbie Green applauded the AG’s decision.
Gov. Lujan Grisham tests positive for COVID as NM case uptick persists ahead of cooler weather - By Nash Jones, KUNM News
The Office of Gov. Michelle Lujan Grisham announced Monday that she has tested positive for COVID. Her case comes amid a continued uptick in cases in the state. Ahead of an anticipated fall surge, New Mexicans have also begun getting the updated booster shots.
Lujan Grisham has “minimal symptoms,” according to a statement from her office. A spokesperson says the governor will continue working this week, though remotely.
Her case comes as the fall has begun and cooler weather is on the way. As more people retreat indoors, health officials anticipate an even greater uptick in cases than the state has been seeing since July.
Reported cases in New Mexico rose to just under 1,000 from Sept. 15 to 21, according to the latest report from the state Department of Health. That was up from just over 860 the week prior. These counts are likely far lower than the actual number of positive cases in the state, as most people are using at-home rapid tests and not reporting them to the state. Because of this, the Health Department is focused on monitoring upward trends rather than individual case counts.
Vaccinations in September rose more than 600% in New Mexico after release of the updated Pfizer and Moderna boosters. Over 5,800 residents got a shot from September 18 to the 24, compared to only about 780 the week before the Food and Drug Administration approved the new ones, according to state data.
NM conquistador statue shooter was investigated by FBI - By Austin Fisher, Source New Mexico
The person who shot a protester last week outside the Rio Arriba County government headquarters had previously been investigated by the Federal Bureau of Investigation for his posts on social media that suggested a violent attack on the country’s central banking system.
Ryan Martinez, 23, made a series of threatening posts on Twitter that “concerned the FBI enough to investigate,” according to a letter from the FBI to the New Mexico Department of Public Safety.
In a hearing on Monday, a judge ruled that Martinez will remain in jail while he awaits for his case to proceed.
Replying early in the morning on Dec. 19, 2018 to the official Twitter account of the Board of Governors of the Federal Reserve System, Martinez wrote: “Time to end the fed and put a bullet in some people’s head once and for all #1776.”
Two minutes later, also replying to the Federal Reserve’s account, Martinez wrote: “Boy does it get me mad you control my fucking money and you have a building in MY capital. Change is coming real soon.”
Screenshots of Martinez’s two posts along with his now-deleted account handle and profile picture were attached to a motion by state prosecutors asking a judge to hold Martinez in jail.
In a third post — referenced in the FBI’s letter but not included as a screenshot like the others — Martinez allegedly replied to a post calling for the abolition of the Federal Reserve. He wrote it would not happen, and that it was “Time to Militia up son.”
A third-party social media monitoring company notified the Federal Reserve Bank of Chicago Law Enforcement Unit about the posts, and the FBI determined the account belonged to Martinez, according to the letter.
FBI agents interviewed Martinez on Jan. 24, 2020, the letter states, during which he “admitted to making the threatening posts on Twitter and stated he was venting frustration about the Federal Reserve.”
“Martinez was cautioned about making threats in the future,” Assistant Special Agent in Charge Ruben Marchland-Morales wrote in the letter, dated Sept. 29, 2023. “No specific or immediate threat to life was identified.”
State prosecutors are using the information about Martinez’s interactions with the FBI to argue that he should be held in jail until a trial in the criminal case against him.
First Judicial Deputy District Attorney Norman Wheeler wrote in a motion for pretrial detention on Monday morning, “(Martinez) tweeted about using a firearm and then low and behold when a perceived conflict arose, (Martinez) used his firearm to shoot a man standing not ten feet from him, who was standing in a crowd that included children when (Martinez) could have simply walked away.”
No conditions of release from jail would reasonably protect the safety of others or the safety of the community, Wheeler wrote. “The danger to the community cannot be overstated,” he wrote.
Wheeler wrote that Martinez “came to a peaceful community event” in Española all the way from his home in Sandia Park outside Albuquerque, more than an hour’s drive away, and “purposefully sought out this event to attend outside of his local community.”
PROSECUTORS MISSED THEIR WINDOW TO FILE MOTION, DEFENSE SAYS
Martinez’s defense tried to argue that prosecutors had missed their deadline on Monday to file a motion to hold him in jail, but a judge allowed them more time instead of releasing him.
Wheeler on Sept. 29 asked Rio Arriba Magistrate Court Judge Alexandra Naranjo to delay court proceedings for 24 hours because the state needed more time to gather information to decide whether to file a motion for pretrial detention.
Naranjo granted Wheeler’s request.
In a hearing held via telephone on Monday morning, Naranjo told Martinez the sole purpose of the hearing was to advise him the state of New Mexico is seeking to keep him in jail until trial.
He had already been formally presented with the attempted murder and aggravated assault charges at 10 a.m. on Sept. 29 with Magistrate Judge Joseph Madrid, according to online court records.
The local prosecutor told the Santa Fe Reporter her office intended to file a motion Monday morning asking for pre-trial detention in the case, however, as of 11 a.m. they had not done so, according to online court records.
“They failed to meet the 24-hour deadline,” Jennifer Burrill, Martinez’s public defender, told Naranjo. “We’d ask the court to set conditions of release.”
Naranjo said she heard Burrill’s concerns but “the court has the ultimate say-so.”
“The hearing that was held on Friday was held out of line,” Naranjo said. “This court is not aware why — or, this bench is not aware why — it was not held at 11:30.”
“All I can tell you is: we are on the scheduled docket, we hear Tierra Amarilla’s arraignments at 11:30 every single day, I do not know what happened. And at this time, my ruling stands.”
Prosecutors filed the pretrial detention motion at 11:28 a.m. on Monday, after the 24-hour deadline and just two minutes before the hearing started.
MORE CHARGES LIKELY COMING
Prosecutors have so far charged Martinez with attempted murder and aggravated assault for what he did on Sept. 26.
They may charge Martinez with additional crimes including reckless driving and child abuse, Wheeler wrote in the pretrial detention motion.
A witness to the shooting told police that they saw Martinez drive away from the county building in a white Tesla, driving on the wrong side of the road. Police saw him drive more than 100 miles per hour trying to get away before he was stopped in Pojoaque Pueblo.
Another witness told police that before the shooting, Martinez was trying to reach the shrine protesters had made on the base of the Onate statue, and where children were gathered.
Martinez was recording the celebration, Wheeler wrote, “causing celebrators to become concerned, so much so, that they gathered the children inward away from (Martinez).”
Rio Rancho school district considers new high school - Albuquerque Journal, KUNM News
Rio Rancho’s public school district is considering a third high school after seeing student numbers increase “incrementally.”
As the Albuquerque Journal reports, the idea came up after a school official’s recent presentation about a $80 million dollar bond ballot measure to the Sandoval County Commission.
The bond is up for a vote in November.
While not currently part of that bond measure, Rio Rancho Public Schools Chief Operations Officer Mike Baker mentioned the district has plans for a new Independence High School building.
Baker had no specific timeline for the project, but mentioned the school system would need somewhere north of $200 million for it and would need state funding help.
State Senator to relinquish seat for job at University of Colorado Boulder - KUNM News
State Sen. Benny Shendo Jr. (D-Jemez Pueblo) will vacate his seat in New Mexico’s state legislature to pursue a newly created job at the University of Colorado Boulder.
According to a news release, Shendo graduated from the university in 1987 and will head back to Colorado to take up the position of associate vice chancellor for Native American affairs.
There, he will serve as a liaison between campus and tribal communities across Colorado.
Shendo previously served as the cabinet secretary for New Mexico’s Indian Affairs Department. He also worked at the University of New Mexico and in the Dean of Students Office at Stanford University on Indian affairs issues.
Shendo has served as senator for District 22 since 2013. His districts include Bernalillo, McKinley, Rio Arriba, San Juan and Sandoval counties.
Federal student loan payments are starting again. Here's what you need to know - By Adriana Morga Associated Press
Federal student loan borrowers will need to start making payments again this month after a three-year-plus pause due to the pandemic.
You should expect a bill that lays out how much you have to pay each month at least 21 days before your due date. It's likely that most borrowers have received their bill already but if you have not, visit your loan servicer account. Interest started accruing again in September.
If you have student loans and haven't made a payment in the last three years, don't panic. Here's what experts recommend:
WHERE DO I START?
The first step is to log in to your StudentAid.gov account and check who your loan servicer is. Many loan servicers changed during the pandemic, so you might have a different one than you did back in March 2020, said Amy Czulada, outreach and advocacy manager at the Student Borrower Protection Center.
Once you know your loan servicer, you'll log into your account with them to access your student loan balance, monthly payment amount and interest rate. Czulada also recommended that you look at which type of student loan you have, so you know which income-driven repayment plans you might qualify for.
Lastly, update your personal information in your account with your loan servicer to make sure you receive all important correspondence.
HOW DO I KNOW WHAT MY PAYMENTS WILL BE?
Borrowers can find out what their monthly student loan payment will be on their account with their loan servicer. If you don't know who your servicer is, you can find it by logging in your studentaid.gov account.
WHAT IF MY PAYMENTS ARE TOO HIGH?
If you think you'll have a hard time making payments once they resume, you have several options.
This summer, President Joe Biden announced a 12-month grace period to help borrowers who struggle after payments restart. You can and should make payments during the first 12 months after payments resume, but if you don't, you won't be at risk of default and it won't hurt your credit score. Interest will accrue whether you make payments or not.
Betsy Mayotte, president of The Institute of Student Loan Advisors, recommends that you research if you qualify for an income-driven repayment plan. Borrowers can use the loan-simulator tool at StudentAid.gov or the one on TISLA's website to find a payment plan that best fits their needs. The calculators tell you what your monthly payment would be under each available plan, as well as your long-term costs.
WHAT'S AN INCOME-DRIVEN REPAYMENT PLAN?
An income-driven repayment plan sets your monthly student loan payment at an amount that is intended to be affordable based on your income and family size. It takes into account different expenses in your budget, and most federal student loans are eligible for at least one of these types of plans.
Generally, your payment amount under an income-driven repayment plan is a percentage of your discretionary income. If your income is low enough, your payment could be $0 per month.
Last year, the Biden administration announced a new income-driven repayment plan. The SAVE plan offers some of the most lenient terms ever. On this plan, interest won't pile up as long as borrowers make regular payments.
It's still possible that the SAVE plan could face legal challenges similar to the one that led the Supreme Court to strike down Biden's proposal for mass student loan cancellation.
ARE THERE ANY OTHER PROGRAMS THAT CAN HELP WITH STUDENT LOAN DEBT?
If you've worked for a government agency or a nonprofit, the Public Service Loan Forgiveness program offers cancellation after 10 years of regular payments, and some income-driven repayment plans cancel the remainder of a borrower's debt after 20 to 25 years.
Borrowers should make sure they're signed up for the best possible income-driven repayment plan to qualify for these programs.
Borrowers who have been defrauded by for-profit colleges may also apply for borrower defense and receive relief.
If you'd like to repay your federal student loans under an income-driven plan, the first step is to fill out an application through the Federal Student Aid website.
HOW CAN I REDUCE COSTS WHEN PAYING OFF MY STUDENT LOANS?
If you sign up for automatic payments, the servicer takes a quarter of a percent off your interest rate.
HOW DO I ENROLL IN AUTOMATIC PAYMENTS?
You can enroll in automatic payments through your loan servicer's account. Borrowers who were enrolled in automatic payments prior to the payment pause need to re-enroll again, said Czulada.
WHAT ELSE SHOULD I KNOW?
Czulada recommends staying vigilant about scams. You should never have to pay to get help with your loans or to apply for any programs.
"The Department of Education will never call you on the phone. So, if you're getting a phone call that says 'Hey, pay $100 now and you'll get your debt canceled,' that's a red flag that it's a scammer," said Czulada.
To protect yourself from scams, the Department of Education recommends that you know their official email addresses, check for typos in advertisement and never share your log-in information.
Colorado to reintroduce gray wolves by year’s end –Taos News
Colorado will begin reintroducing gray wolves by the end of this year under a plan from the U.S. Fish and Wildlife Service that was released on September 15.
The Taos News reports the plan designates all of Colorado as the new gray wolf experimental population area. A statewide ballot measure mandates the reintroduction, but only west of the Continental Divide and not beyond the state’s borders.
Colorado must still find wolves for the program. So far a number of states around the West have shown reluctance to allow the capture and transfer of their wolves. But officials say if a wolf population does become established and successful, the animals will likely migrate to places like northern New Mexico.
The reintroduction program is similar to one created by Fish and Wildlife and other agencies to reintroduce the Mexican gray wolf in southern New Mexico.
A spokesperson with the agency said the two wolf species will likely interbreed in areas where they overlap. But Fish and Wildlife doesn’t have plans to expand the Mexican gray wolf boundary or allow Colorado gray wolves to live beyond the state’s borders.