State’s emergency department director resigns, NM National Guard moves in, letter says - By Patrick Lohmann and Megan Gleason, Source New Mexico
The secretary for the state’s emergency management department told staff this week that he is resigning and that the general for the New Mexico National Guard will soon oversee the department, according to a letter written by the outgoing secretary and obtained by Source New Mexico.
Gov. Michelle Lujan Grisham appointed David Dye as secretary of the state’s Department of Homeland Security and Emergency Management on May 16, 2022, when wildfires were burning throughout the state. He was previously at the emergency management office for Santa Fe County.
Dye, in his resignation letter, praised the staff for their work managing multiple disasters over the last year or so.
“Particularly in the last 16 months, the DHSEM team has really come together and solved very complicated and serious problems,” he wrote in the letter. “In the near term, General (Miguel) Aguilar, the leader of the New Mexico National Guard, will begin his transition to oversee DHSEM as well and I expect you will all welcome him as well, or better, than you welcomed me.”
Lujan Grisham said in a statement sent to Source NM Wednesday afternoon that Aguilar is the right person for this job and she has full confidence in his ability to lead.
“My direction to General Aguilar is clear: DHSEM needs to be focused squarely on assisting New Mexicans affected by emergencies,” Lujan Grisham said.
She said the disaster agency needs to ensure that “state resources are getting out as quickly as possible” to victims of the state’s largest recorded wildfire, the Hermits Peak-Calf Canyon Fire that was started by the U.S. Forest Service last year.
The governor’s office and DHSEM did not provide additional details Wednesday, though a DHSEM spokesperson said Aguilar would become secretary of the department in an acting or interim role for now. A National Guard spokesperson told Source NM that an announcement was expected by the governor’s office this afternoon.
It’s not clear from Dye’s letter exactly what role the National Guard will play in overseeing the agency or the state’s response to disasters. In addition to Agular’s appointment, Dye wrote to staff that more National Guardsmen will be in the office.
“You can expect to see a few more National Guardsmen in the building as the two staffs begin to work closely together,” Dye wrote. “This may be a trying time for DHSEM with all the changes that have occurred, but I know you all can rise to the occasion.”
It’s not unprecedented for state National Guards to merge with emergency management departments. The Arizona Department of Emergency and Military Affairs, for example, includes the Arizona National Guard.
Dye wrote that he was leaving DHSEM and state government, and his expected last day is Sept. 15. He wrote that he was leaving the agency “with a heavy heart.”
The announcement comes as the state continues to deal with the fallout of a major year for wildfires, as well as post-fire flooding that continues to damage property and land in burn scars across the state.
Last year, the two biggest wildfires in New Mexico history destroyed more than 640,000 acres. Following the Hermits Peak-Calf Canyon Fire, DHSEM has played key roles in hiring case managers for wildfire victims who are seeking compensation for their losses, as well as seeking additional federal funding to help the area recover and administering state emergency loans to disaster areas.
As the state’s emergency response agency, DHSEM helps prepare for and respond to disasters like floods, fires and health crises, plus regional and national threats. It can step in when local governments are overwhelmed by a disaster and serves as the conduit for federal assistance for mitigation, response and recovery grants. The agency also includes the State Fire Marshal’s Office.
The New Mexico National Guard is the state’s militia, made up of the Army and Air National Guard, responsible for aiding in local and federal emergencies when called upon by the state governor or U.S. president.
Aguilar is the Adjutant General for New Mexico’s National Guard, which means he serves as military adviser to the governor and mobilizes airmen and soldiers. He was born in Dexter, N.M. and attended the New Mexico Military Institute in Roswell before a career in the military and with the New Mexico State Police.
Dye has 10 years of experience in military emergency management, according to his biography on the DHSEM website. He has nearly 30 years of experience in homeland security as an officer in the military, as well. His letter to staff did not say what he plans to do next.
Suspect wanted in 2019 ambush that killed 9 American citizens is arrested in New Mexico - Associated Press
A man wanted in connection with an ambush that killed nine American citizens in northern Mexico nearly four years ago has been arrested in New Mexico, federal authorities said Wednesday.
The U.S. Marshals Service said Ivan Gustavo Hernandez-Cabral, 24, was taken into custody Monday in Albuquerque after the agency acted on a tip. Details of the arrest haven't been released.
Marshal Service officials said Hernandez-Cabral was being held pending extradition to Mexico in connection with the Nov. 4, 2019, ambush that left three women and six children dead on a road in Sonora.
Five children survived the shooting, which authorities said happened when cartel gunmen opened fire on three vehicles full of women and children who had dual citizenship and lived in the area.
The Mormon group was headed to a wedding, and authorities said some of the victims were burned alive.
Mexican prosecutors said about 20 suspects were arrested in the case by February 2021, and more warrants remain outstanding.
Hernandez-Cabral also is awaiting a hearing on an illegal entry charge in federal court in Albuquerque, the Marshals Service said.
The U.S. Border Patrol caught Hernandez-Cabral in July after he illegally crossed the border near Columbus, New Mexico, according to the Marshals Service.
A call to Hernandez-Cabral's lawyer — Carlos Ibarra of Las Cruces — seeking comment on his client's cases wasn't immediately returned Wednesday.
Martin Heinrich announces new funding for mental health services in New Mexico - Bryce Dix, KUNM News
New funding is on its way to expand New Mexico’s mental health services.
According to a press release, U.S. Senator Martin Heinrich announced the state will receive $323,000 from the Substance Abuse and Mental Health Services Administration or SAMHSA.
It’s meant to invest in support services not otherwise covered by public or private health insurance, and increase awareness of mental health resources.
The first of three years of funding, the money comes from the Bipartisan Safer Communities Act that was passed into law in June 2022.
The law also dives into firearm regulation –– specifically, it makes gun trafficking and straw purchases criminal offenses punishable by up to 15 years in prison. Previously, it was only a crime to smuggle firearms into the United States, not out.
The Department of Justice says federal law enforcement and prosecutors have already charged more than 100 people with illegal firearms trafficking and straw purchasing offenses because of the law.
BLM, conservationists urge public to comment on Río Grande Del Norte National Monument Plan - Bryce Dix, KUNM News
The Bureau of Land Management is now looking for public comment for an upcoming environmental analysis and management plan for the Río Grande Del Norte National Monument.
Established in 2013, it’s located in northern New Mexico and comprises close to 250,000 acres of land in Rio Arriba and Taos counties with “significant natural, cultural, and scientific values.”
Wildlife advocates are urging the public to comment on the upcoming plan, saying the monument is at a critical crossroads. They’re demanding a comprehensive management plan that safeguards the ecological, economic, and cultural treasures the area provides to New Mexico’s people and wildlife.
The comment period will go through September 20 and a virtual meeting will be held Wednesday starting at 6 P.M. to address concerns the public may have.
A judge orders Texas to move a floating barrier used to deter migrants to the bank of the Rio Grande - By Paul J. Weber Associated Press
A federal judge on Wednesday ordered Texas to move a large floating barrier to the bank of the Rio Grande after protests from the the U.S. and Mexican governments over Republican Gov. Greg Abbott's latest tactic to stop migrants from crossing America's southern border.
The decision by U.S. District Judge David Ezra is a victory for President Joe Biden's administration, which sued after Texas put the wrecking ball-sized buoys on the water in early July as part of a sprawling border security mission known as Operation Lone Star. The judge said the state must move the barrier by Sept. 15.
The barrier threatens provisions of a treaty between U.S. and Mexico, wrote Ezra, who also cast doubt on its effectiveness.
"The State of Texas did not present any credible evidence that the buoy barrier as installed has significantly curtailed illegal immigration across the Rio Grande River," Ezra wrote.
Abbott said Texas would appeal.
"Today's court decision merely prolongs President Biden's willful refusal to acknowledge that Texas is rightfully stepping up to do the job that he should have been doing all along," Abbott said.
Texas used dozens of bright orange buoys to created a barrier longer than a soccer field on a stretch of river where migrants often try crossing from Mexico. Texas also has installed razor wire and steel fencing on the border, and has empowered armed officers to arrest migrants on trespassing charges.
The buoys brought a swift legal challenge from the U.S. Justice Department, which accused Texas putting a barrier on the international boundary without permission. The Biden administration also said the water barrier raised humanitarian and environmental concerns.
Texas installed the barrier near the border town of Eagle Pass and put anchors in the riverbed. Eagle Pass is part of a Border Patrol sector that has seen the second-highest number of migrant crossings this fiscal year with about 270,000 encounters — though that is lower than it was at this time last year.
The Biden administration has said illegal border crossings declined after new immigration rules took effect in May as pandemic-related asylum restrictions expired.
Like other pieces of Abbott's multibillion-dollar border mission known as Operation Lone Star, the buoys pick up where former President Donald Trump left off. Plans for the same water barrier were in the pipeline in 2020, according to Mark Morgan, who at the time was the acting commissioner of U.S. Customs and Border Protection.
Morgan said the plans were scrapped after Biden took office. He called the barrier a "water wall" and said it was intended to be used as a stopgap in sections of the border where fences were not yet built or were impractical.
Albuquerque prosecutors take new approach to combating retail theft - Associated Press
Prosecutors in New Mexico's largest metro area are taking over all cases involving retail theft including small-scale shoplifting, in efforts to enforce new state sanctions against coordinated retail crime.
Albuquerque-area District Attorney Sam Bregman and New Mexico Gov. Michelle Lujan Grisham on Tuesday announced the approach to combatting retail crime.
Previously, police officers in the Albuquerque area often processed misdemeanor sanctions for shoplifting less than $500 worth of merchandise. Prosecutors say they can then consolidate related cases of retail theft over a 90-day period and possibly bring felony charges.
Lujan Grisham signed legislation in April to create a new category of "organized retail crime" and stiffen penalties for organized theft of store merchandize as retailers have highlighted losses from coordinated pilfering.
"People should be able to go to the store without being afraid. Business owners are also fed up," said Bregman, announcing the new approach to prosecution. "We think these new changes will hold repeat shoplifters accountable."
In New Mexico and beyond, major retailers are trying to curb theft while not angering shoppers as they lock up everyday items on display. A new federal law requires online marketplaces to verify high-volume sellers on their platforms amid heightened concerns about retail crime.
Lujan Grisham said the new approach across Bernalillo County will help ensure consistent and effective efforts to combat retail theft, and free up police officers to handle other public safety concerns.
NM Supreme Court rules illegally-obtained evidence allowed in preliminary hearings - By Nash Jones, KUNM News
The New Mexico Supreme Court Tuesday ruled that district court judges cannot exclude evidence that was illegally gathered during a preliminary hearing.
In a narrow3-2 decision, the high court’s majority said that determination should happen in a suppression hearing instead. According to the Administrative Office of the Courts, that proceeding takes place after the preliminary hearing if attorneys of either party file a motion to exclude evidence.
Chief Justice Shannon Bacon and Justice Michael Vigil dissented, arguing protections against unlawful search and seizure are valid at any time during a criminal case, and judges have an obligation to enforce them.
The majority argued judges don’t have the time necessary to carefully consider the legality of how evidence was collected at preliminary hearings, and that their opinion simply holds that line of questioning “for a later date.”
A Second Judicial District Court judge in 2020 dismissed a felony drug possession charge against Ricky Ayon after ruling in his preliminary hearing that he was illegally searched. Following yesterday’s ruling, that case will now head back to district court.
Public invited to honor the life of former Gov. Bill Richardson - Santa Fe Reporter, Albuquerque Journal, KUNM News
The public is invited to attend one of several memorial services next week for former Gov. Bill Richardson.
Vice President of the Richardson Center for Global Engagement Mickey Bergman confirmed tothe Santa Fe Reporter that Richardson will lie in state at the Roundhouse next Wednesday, Sept. 13, from 11 a.m. to 4 p.m.
A reception will take place in the Capitol’s rotunda the next day from 1 to 2 p.m.The Albuquerque Journal reports Gov. Michelle Lujan Grisham will host the public gathering.
Additionally, a mass will be held earlier in the day Thursday at the Cathedral Basilica of St. Francis of Assisi. The funeral is from 11 to 12:30 and is also open to the public.
The Richardson Center announced Saturday that the former democratic governor and UN ambassador died in his sleep at the age of 75.
Las Cruces talks challenges with electric buses - By Danielle Prokop, Source New Mexico
Las Cruces officials told New Mexico lawmakers they’re looking for more local support in the effort to bring electric school buses to the state with federal grants, during Thursday’s Science Technology and Telecommunication interim committee meeting in Santa Rosa.
The U.S. Environmental Protection Agency is spending $5 billion over the next five years to fund school district purchases of electric and lower-emission buses across the nation.
In 2022, the first year funding was open, the Environmental Protection Agency awarded Las Cruces nearly $2 million dollars for five electric buses to replace diesel counterparts. Those buses aren’t expected for delivery to the Southern New Mexico school district until March 2024.
Electric school buses cost about $400,000 – about three times the cost of diesel school buses outright – according to the U.S. Department of Energy.
Gabe Jacquez said Las Cruces spent $400,000 on each bus, compared to $125,000 for diesel replacements.
Jacquez, the deputy superintendent for Operations and Leadership in LCPS, said the district would work to give the legislature what the lifetime savings were at a future date.
However, buses are often zero-emission and low-emission models that improve air quality and reduce climate impacts. More than 25 million children across the country ride buses, the vast majority of which use diesel fuel – a high polluter. Diesel exhaust is considered a ‘likely carcinogen,’ by federal agencies.
The Environmental Protection Agency estimated that electrifying 200 of Denver’s school buses could mean $461,000 in fuel costs and remove 1,700 tons of carbon dioxide per year – the same as taking 370 passenger cars off the road for the same amount of time. In New Mexico, about 166,000 children ride school buses to over 89 school districts, according to a Conservation Voters New Mexico Education Fund study.
New Mexico lawmakers asked how they could support electric school bus efforts for local districts.
Jacquez offered some consideration for lawmakers. He told the committee that the legislature should consider more support for districts, consider using capital outlay for infrastructure and ensure state money can be used for buying matching federal funds.
Another point, Jacquez testified, is to start discussions to look at renewable energy buyback programs, since New Mexico public schools don’t qualify for tax credits.
“We don’t pay taxes, but if there’s some sort of incentive to help offset some costs, again, of those taxpayer dollars, because at the end of the day, that’s more money that gets into a classroom, gets into a facility that we need, and covers those costs,” Jaquez said.
Many of the questions from lawmakers centered on safety and logistics.
Sen. Siah Hemphill (D-Silver City) asked officials from Las Cruces public schools about any emergency plans that are in place if buses broke down in rural areas, with limited cell phone service – or if the electric buses failed to charge.
Jacquez responded that Las Cruces schools were working on a plan for emergency scenarios with the bus contractor. He also said the school district is asking El Paso Electric about rolling blackouts and other electrical concerns that could stall school bus operations.
“We’re looking to answer ‘if we were to not have power to these buses, then what’s plan b for us?’ because we don’t have spare buses that we’re able to jump on, sometimes,” he said.
OTHER DISTRICTS
Five other New Mexico school districts received funding from the Environmental Protection Agency. Dora, Dulce and Lake Arthur school districts received between$610,000 and $790,000for two buses in each district.
Pecos Independent School district received $390,000 for one bus.
The grants promised rebates for not only buses but the infrastructure to charge them.
The most recent application closed last week, and more awards will be announced by the Environmental Protection Agency next year.