Prosecutors charge a South Carolina man with carjacking and the killing of a New Mexico officer - By Susan Montoya Bryan Associated Press
A South Carolina man has been charged with two federal counts stemming from the killing of a New Mexico state police officer, federal and state prosecutors announced Friday.
An unsealed criminal complaint charges Jaremy Smith, 33, with two counts: carjacking resulting in death and discharge of a firearm in furtherance of a crime of violence.
Smith was shackled and wearing a hospital gown and pants during his initial court appearance Friday. His left arm was in a sling and a public defender asked the judge whether the defendant could remain seated, as he was in pain from the injuries suffered during his capture.
The judge ordered Smith held in federal custody and set another hearing for next week.
Alexander Uballez, the U.S. attorney in Albuquerque, thanked the gas station clerk whose tip lead to Smith being captured, describing her as "a brave civilian working a normal job 100 miles away from a terrible crime."
"I want members of our community to remember that last weekend's tragedy was bookended by hope, by strangers doing the right thing for people they've never met," he said.
Uballez declined to answer questions about Smith's movements from South Carolina to eastern New Mexico or how he got to Albuquerque after allegedly gunning down the officer before dawn on March 15.
Smith was captured by sheriff's deputies following the gas station clerk's tip. He was chased on foot and wounded by gunfire after he reached for his waistband as officers closed in, according to the criminal complaint. Authorities found a 9mm pistol nearby. Smith was taken to a hospital for treatment, where he had remained under guard for several days.
South Carolina authorities also have identified Smith as a person of interest in the killing of a paramedic there whose stolen car was involved in the killing of the New Mexico officer. Charges have yet to be filed in that case.
State Police Officer Justin Hare was dispatched about 5 a.m. on March 15 in Tucumcari to help a motorist in a white BMW on Interstate 40, authorities said.
Hare parked behind the BMW and a man got out, approached the patrol car on the passenger side and then the two began talking about a flat tire, the criminal complaint states. The officer offered Smith a ride to a nearby town because no repair shop was open at that hour and after the officer asked Smith to walk in front of his patrol vehicle, gunfire erupted.
Authorities said Smith then got into the driver's seat of the officer's vehicle and drove away with the officer still inside. The duress signal on the officer's radio had been triggered and other officers responded.
State Police later learned the BMW had been reported missing in South Carolina and belonged to a woman who was killed there — Phonesia Machado-Fore, 52, a Marion County paramedic.
Authorities there found Machado-Fore's body Friday evening outside Lake View in neighboring Dillon County. The coroner said earlier this week that Machado-Fore died from a gunshot to the head fired by someone else. No other details from her autopsy were released.
Smith has been assigned public defenders who had yet to speak on his behalf Friday.
Authorities have said Smith had ties to New Mexico, having spent time there in the past, and had a long criminal history.
A review of South Carolina Department of Corrections records show he spent eight years in prison on charges of attempted armed robbery and hostage taking before being released on parole in Marion County in December 2023. The records also show numerous infractions while he was incarcerated from possessing a weapon to attacking or attempting to injure employees and inmates.
Hare had been with the state police agency since 2018. Born and raised in New Mexico, he is survived by his parents, girlfriend, and their two young children. He and his girlfriend also had a child on the way.
At a vigil in Tucumcari on Wednesday night, about 200 people paid their respects to the officer as state police vehicles flashed their lights and people held candles and cellphones. A funeral for Hare is scheduled for next Wednesday.
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Associated Press writers Jeffrey Collins in Columbia, South Carolina, and Jacques Billeaud in Phoenix contributed to this report.
No more March Madness for New Mexico as Clemson ousts popular Lobos 77-56 - By Teresa M. Walker AP Sports Writer
Chase Hunter scored 21 points and sixth-seeded Clemson ended No. 11 seed New Mexico's hopes of repeating the Mountain West's run in the NCAA Tournament, beating the Lobos 77-56 on Friday.
The Lobos (26-10) came in as the Mountain West Tournament champs, a popular pick to be this tournament's version of San Diego State a year ago and favored by 2 1/2 points in this game, according to FanDuel Sportsbook. New Mexico won its league tournament, beating a trio of teams that also earned March Madness berths including SDSU — last year's national runner-up.
Clemson (22-11) dominated on both ends, leading by 19 points in the first half and 23 in the second. The Tigers also held New Mexico to its worst shooting performance this season — 29.7% from the field and 13% (3 of 23) from 3-point range.
The Tigers will play third-seeded Baylor, a 92-67 winner over 14th-seeded Colgate, in the second round Sunday. A Sweet 16 game in Los Angeles awaits that winner on March 28.
Ian Schieffelin had 16 points and 12 rebounds for Clemson. PJ Hall added 14 points despite foul trouble.
Jamal Mashburn Jr., who followed coach Richard Pitino from Minnesota to New Mexico, hit a jumper in the opening seconds to give the Lobos their only lead. Mashburn missed his final 10 shots and finished with six points.
Jaelen House, the Lobos' leading scorer, fouled out with 12 points. Nelly Junior Joseph had 14 points and 12 rebounds.
Schieffelin hit a jumper to tie it up before Hunter's jumper gave Clemson the lead. New Mexico managed a second tie at 4-all.
Then Clemson took over with a 19-2 run and went ahead 30-11. The Lobos pulled within 38-28 on a 3-pointer by House with 1:22 remaining. Clark made a layup, then added a pair of free throws as Clemson took a 42-28 lead into halftime.
Every time the Lobos tried to string together a run, Clemson answered emphatically.
BIG PICTURE
New Mexico: The Lobos had been the betting favorite to make it a full sweep by 11 seeds in the first round. This was the program's 16th tournament berth and first since 2014. They're stuck on eight wins all-time, the last in 2012. ... New Mexico averaged 46% shooting this season.
Clemson: The Tigers came in having lost three of four and now have their first NCAA Tournament win since 2018. ... They had a 16-6 difference in assists and dominated with a 19-6 scoring edge off turnovers.
UP NEXT
Clemson will try to win a second-round game for the first time since 2018.
State Land Office weighs 212-acre South Valley bosque parcel transfer - By Hannah Grover, New Mexico Political Report
While they may not agree about what to do with a parcel of state trust land in the bosque area, nearby residents in Albuquerque’s South Valley say that hunting should not be allowed because the land is an urban environment.
The State Land Office hosted the first of several public meetings on Wednesday discussing the possibility of transferring the 212-acre parcel to the U.S. Fish and Wildlife Service. Should that transfer occur, the land would become part of the adjacent Valle de Oro National Wildlife Refuge. This land is currently leased by the City of Albuquerque’s Open Space Division.
Valle de Oro Refuge Manager Jennifer Owen-White said hunting is not currently allowed on the wildlife refuge due to its urban nature. Should the land transfer occur, she said there could be discussions about what level of hunting is appropriate.
State Land Commissioner Stephanie Garcia Richard said recent construction made it easier for hunters to access the state trust land, which is within the boundaries of Rio Grande Valley State Park. Garcia Richard said that led to an increase in hunting in that area.
Hunting is not currently permitted on that parcel, though a future land commissioner could choose to open it up for hunting once again.
One nearby resident described being awakened on a Sunday morning by gunshots and later having an injured goose fall into his yard and die, which his children witnessed.
Owen-White said that the increased hunting led community organizations to approach Valle de Oro about acquiring the land.
Both Garcia Richard and Owen-White said that the meetings are to gather information about what the community wants.
Many of those who expressed opposition to the transfer said they are concerned that including it in a national wildlife refuge could lead to continued hunting.
Additionally, they said the refuge has a hard time enforcing its regulations and that there have been problems with parking impacting the residents. Some also said Valle de Oro struggles with managing the land it already has.
Those in favor of the transfer spoke about the potential development that could occur should it remain state trust land.
The South Valley has had problems with high levels of nitrates in its groundwater. In the 1980s, this led to an infant nearly dying. Dairy farms like the one that eventually became Valle de Oro were one of the reasons the nitrate levels became so high.
That history has some residents concerned about what types of industry might move into the South Valley in the future.
One woman spoke about the guilt she has felt because she consumed that well water when she was pregnant before learning about the nitrate contamination. She described it as poisoning her child.
Garcia Richard said that while it is unlikely that a future land commissioner would allow development to occur on that parcel, it remains a possibility. That could allow for industrial development to occur.
“A future commissioner could do pretty much anything with that land, it could be developed,” she said.
Garcia Richard said the State Land Office has already reached out to Isleta Pueblo to see if it was interested in acquiring the 212-acre parcel and the Pueblo chose not to pursue that option.
The meeting on Wednesday was the first of three public meetings.
The next meeting will be from 6 p.m. to 8 p.m. April 16 at the Henry “Kiki” Saavedra Community Center at 201 Prosperity Ave. SE in Albuquerque. Those who can’t attend in person will also be able to participate via Zoom.
The final meeting will be from 10 a.m. to noon May 18 at the Valle de Oro National Wildlife Refuge. People can also attend that one virtually.
Additionally, the State Land Office is accepting responses through an online survey.
A fifth Albuquerque, New Mexico, police officer has resigned amid probe of unit - Associated Press
A fifth Albuquerque police officer has resigned during an investigation into alleged wrongdoing by officers assigned to a unit charged with stopping impaired drivers, according to authorities.
City Police Chief Harold Medina said Joshua Montaño submitted his resignation Wednesday after he failed to appear for multiple interviews with internal affairs, Albuquerque TV station KRQE reported Thursday.
The four officers who previously resigned have been identified as Justin Hunt, Honorio Alba, Harvey Johnson and Nelson Ortiz.
Authorities have said the investigation into the DWI unit centers on accusations that officers were taking bribes to get driving while intoxicated cases dropped.
Nobody has been charged, and authorities said the investigation is ongoing with the FBI also investigating.
The police department launched the probe into officers who were currently or previously working for the DWI unit.
According to documents obtained by the Albuquerque Journal, the federal probe began after a stop by an officer in August in which he allegedly told the driver to contact a specific attorney to ensure that a case would not be filed.
More than 150 cases alleging that motorists drove while intoxicated have been dismissed as part of the probe.
Three Albuquerque police officers combined filed 136 of the 152 DWI cases, and at least 107 of those were filed last year. That was 10% of such cases for the department that year, according to authorities.
Public comment still sought on proposed NM Gas Company rate increase - Austin Fisher, Source New Mexico
New Mexico’s largest natural gas provider wants to raise prices for the more than 540,000 people who rely on its service to heat their homes or businesses.
Thursday, the Public Regulation Commission opened its meeting for public comment on the New Mexico Gas Company proposal to increase the cost of its gas service. It was a blip in the meeting; no one testified in person or remotely.
There is one more opportunity next week for people to comment on the increase to their gas bill.
New Mexico Gas Company in September applied to the state’s utility regulator to increase the rate it charges for natural gas.
People getting electricity to their homes would see their monthly bills increase by an average of $6.71, or 11.2%, according to the official notice.
The Public Regulation Commission is still seeking public comment on the rate increase at its upcoming public meeting at 10 a.m. on March 28 in the Bokum Building at 142 W. Palace Ave. in Santa Fe.
If approved, the rate increase would start in October and the company would get nearly $49 million in additional revenue from its customers.
According to the New Mexico Gas Company’s filings to the PRC, the rate increase is meant to cover costs for investments updating the infrastructure that runs its services.
The company also plans to use the money to make permanent its pilot program that offsets money it loses because of “wide fluctuations in recent winter heating seasons,” according to a document it submitted to the PRC.
To sign up for public comment via Zoom or by phone, the public can contact Public Information Officer Patrick Rodriguez via email or phone (505) 490-7910 no later than 5 p.m. on March 27.
People who need a reader, amplifier, qualified sign language interpreter, or any other help to participate should contact the Office of Director of Administrative Services of the Commission at (505) 467- 9116. The Office can also provide a summary or other type of accessible public records.
The meeting will be live streamed on the PRC’s YouTube channel.
ACLU demands independent investigation into officer-involved killing of unarmed woman - City Desk ABQ Staff
This story was originally published by City Desk ABQ
The American Civil Liberties Union (ACLU) of New Mexico is calling for a transparent and thorough investigation into the death of an unarmed woman at the hands of the Albuquerque Police Department (APD).
According to the Albuquerque Journal, the woman was killed in Northeast Albuquerque where she was hiding from police in a backyard shed. Despite drone footage showing the woman was holding a cell phone, APD officers reportedly mistook her phone for a gun when she opened the shed and pointed it at them. At least one officer fatally shot her. The woman has not yet been publicly identified.
“We are deeply troubled by the recurring deaths of unarmed individuals at the hands of the APD. The people of Albuquerque deserve a rigorous and transparent investigation into this incident to ensure accountability for those involved,” said ACLU of New Mexico Policing Policy Advocate Daniel Williams.
“These individuals tragically lost their lives while innocently carrying everyday items misconstrued as weapons by officers,” Williams said, referencing Collin Neztsosie and Jesus Crosby who were killed by police in the past couple of years. Despite nearly ten years of oversight due to the Court Approved Settlement Agreement (CASA), the people of Albuquerque continue to see tragedy after tragedy resulting from APD’s interactions with the public.”
An APD spokesperson did respond to a request for comment as of press time.
The ACLU is demanding that the City of Albuquerque commit to building on the reforms instituted through the CASA. According to data from MappingPoliceViolence.org, New Mexico ranks among the highest in the nation for police-involved fatalities per capita.
“While we appreciate the chief’s transparency, we hope this tragic incident serves as a teaching moment for the state’s law enforcement community to rethink how they respond to low-level offenses and emphasize the need for robust de-escalation tactics,” Williams said.
The Multi-Agency Task Force is currently investigating the incident.
Lawsuit in New Mexico alleges abuse by a Catholic priest decades ago - Associated Press
A man who says he was sexually abused as a boy by a priest in New Mexico in the 1960s sued the church and diocese this week, the latest case to surface in the state as the Roman Catholic Church wrestles with the global clergy sex abuse scandal.
The suit filed Tuesday in state district court in Las Cruces seeks unspecified compensation for the unnamed victim. His lawyers say he is now 62 and has been "suffering in silence for over 50 years."
The complaint names as defendants St. Joseph Parish in Lordsburg and the Catholic Diocese of El Paso, Texas, which oversaw the southern New Mexico parish before the creation of the Las Cruces Diocese in the 1980s.
It details alleged abuse by the Rev. Lawrence Gaynor, who died in 1978 at age 75. Gaynor was included in a list of accused priests that was released by the El Paso diocese in 2019.
Many clergy abuse allegations in New Mexico date back decades. In 2022, the Archdiocese of Santa Fe, the state's largest diocese and one of the nation's oldest, reached a $121.5 million agreement to settle nearly 400 abuse claims.
In recent years the Las Cruces Diocese turned over to state prosecutors the personnel files of more than two dozen priests accused of sexually abusing children.
The new lawsuit says the plaintiff was the victim of sexual abuse and exploitation by Gaynor from around late 1967 to early 1968 when the priest was at St. Joseph Parish, with the abuse stopping only when the boy and his family moved away.
According to the suit, the El Paso Diocese was aware of Gaynor's "proclivity for child sexual abuse since 1965." It says the diocese's Bishop Sidney Metzger — who served in the post from 1942 to 1978 and died in 1986 — disregarded explicit warnings from psychologists that Gaynor should be placed under indefinite supervision at an isolated monastery in Jemez Springs, New Mexico.
St. Joseph Parish is alleged to have done "nothing to warn vulnerable parishioners" when Gaynor was placed in Lordsburg.
The El Paso Diocese is aware of the lawsuit, spokesman Fernando Ceniceros said. He declined to comment further on the pending litigation.
There was no immediate response to phone messages seeking comment that were left with St. Joseph Parish on Thursday.
Ben Davis, an attorney with one of the Albuquerque law firms that filed the suit, said his firm has handled hundreds of clergy abuse cases since 2016.
"Some settlements have been in seven figures," Davis said. "But it's not about the money. What we are seeking is justice for the victim."
Woof! Woof! Woof! March Madness watch party for UNM Lobos set for Civic Plaza -City Desk ABQ Staff Report
This story was originally published byCity Desk ABQ.
The city of Albuquerque is hosting a March Madness watch party on Civic Plaza today [FRI] so fans can cheer on the UNM men’s basketball team in its game against the Clemson Tigers.
City Desk ABQ reports it’s the first time in a decade that theteam has made it to the NC-double-A tournament.
The event coincides with the city’s Food Truck Fridays, which kicked off earlier this month.
The event begins at 11 a.m. with the screening starting up at 12:30 p.m ahead of the 1:10 p.m. tip-off.