FEMA trailers on their way to Ruidoso; at least 856 homes lost - By Danielle Prokop, Source New Mexico
Just more than a month after the destruction of South Fork and Salt fires in the Ruidoso area, the federal government has agreed to provide temporary housing, state officials said Wednesday.
Gen. Miguel Aguilar, who heads the Department of Homeland Security and Emergency Management, said at an interim legislative committee meeting that the Federal Emergency Management Agency approved the state’s request for temporary housing on Tuesday.
“That will allow us to start the piece of bringing in FEMA trailers for those that need them,” he said.
People who lost homes in the 2022 Hermits Peak-Calf Canyon fires faced hurdles to direct housing on their lands, with more than a dozen withdrawing from the FEMA housing program after encountering issues.
Aguilar said the state has been “more forward-leaning” in the community and said recovery is moving faster than the Hermits Peak-Calf Canyon fires.
“I know the city of Ruidoso started hearing that because they’re getting a lot of: ‘Hey, we’re better off than what they were, but it’s still not fast enough,’” Aguilar said.
The process to secure housing has been slow and frustrating, Ruidoso Mayor Lynn Crawford said in an interview with Source NM. He said he’s asked repeatedly whether FEMA could bring in temporary housing units.
“My people are treading water. They’re couchsurfing,” he said. “We’ve got some in hotels. We’ve got them spread out. We’re trying not to lose them forever, because we need them to work and live here.”
In the July 4 request for direct housing to FEMA, state officials said 856 homes were destroyed, a number that has not previously been reported. Previous estimates were that 500 homes were destroyed. And more homes could be lost, the state warned.
“Additional impacts continue to occur due to severe mudflow and debris flow, and incoming reports indicate that additional residents may require disaster housing,” the letter stated.
It’s not clear how many of the 856 homes were second homes. Only people who lost their primary residence are eligible for direct housing, according to FEMA guidelines.
The request asks for Transportable Temporary Housing Units, which, according to FEMA, could mean manufactured homes or trailers.
Currently, the state is looking to place all the FEMA trailers or mobile homes on one site. That decision is driven in part by the city’s zoning codes, but also for faster placement, said Ali Rye, the state director at the Department of Homeland Security and Emergency Management.
In order to put the trailers or mobile homes on private properties, which FEMA tried to do after the Hermits Peak-Calf Canyon Fire, FEMA would survey properties and ensure that they don’t face future flooding risks and are hooked up to utilities. That would slow down the process, Rye said.
“The village has a certain timeline they’re looking at – they want to get those houses in yesterday,” Rye said. “In order to make that work, it’s a lot quicker for us to put units onto a mobile home park than it is for us to put them on individual properties.”
Source NM reporter Patrick Lohmann contributed to the reporting of this article.
LFC: Bernalillo County violent crime mostly flat from 2017 high - By Daneille Prokop, Source New Mexico
Violent crime has plateaued in Bernalillo County since reaching its highest point in 2017, according to a presentation and report given to New Mexico lawmakers Monday.
The presentation comes in the leadup to Gov. Michelle Lujan Grisham’s special session on Thursday, which has exposed a rift with top lawmakers in her party.
The governor’s office declined to comment on the report, including whether any of the recommendations would be adopted, citing preparations for the special session, said Michael Coleman, a spokesperson for the governor.
THE FINDINGS:
The Legislative Finance Committee provides nonpartisan analysis on a variety of topics to lawmakers, and presented their findings on crime in Bernalillo County to lawmakers at a meeting in Socorro.
Bernalillio County’s violent crime – defined as murder, manslaughter, aggravated assault, robbery, and rape and sexual assault – remains three times higher per capita than the national rates after plateauing at this rate since 2017, said Ryan Tolman, an LFC analyst.
Violent crime and homicide remained flat, while property crime and vehicle theft increased slightly from 2020 through 2023.
In a 37-page report, the analysis found that reducing crime comes from addressing its root causes, things like alleviating poverty, bettering education outcomes, and increasing mental health and drug addiction treatments – but that those treatments remain widely unavailable.
Tolman also noted that the “swiftness and certainty” of being caught mattered more in reducing crime rather than increasing the severity of sentences. But that is being undercut by an “accountability gap,” where police investigations and convictions are lagging behind crimes being committed.
“Arrests, criminal convictions and prison admissions do not keep pace with crime, meaning that the system is not effectively holding offenders accountable,” Tolman said.
The report delved into concerns that diversion programs, which offer treatment for addiction and mental health issues instead of jail time, are “only available to a fraction of people” who could benefit from them.
“Research shows substance use disorder treatment is the most effective way to break the cycle of crime and incarceration for offenders with drug abuse and addiction issues,” the report stated, also noting that treatment courts offer $4 return for every $1 the state spends on it.
Lawmakers poured tens of millions of dollars into police budgets in 2024, and the City of Albuquerque added $13 million to the Albuquerque Police Department’s budget.
The city spent more than $250 million on APD in 2023, but the report found that Albuquerque police were “not effectively deterring or solving crime.” Albuquerque police solved 6% of property crimes and 18% of violent crimes that year.
But the hundreds of millions spent on policing and prosecution is ineffective in holding criminals accountable, the analysis found. In recent years, Albuquerque police have solved fewer cases, and prosecutors have brought fewer cases and secured fewer convictions.
Only a small number of people were responsible for most felony arrests in Albuquerque, and the LFC said that suggests police and prosecutors need to prioritize high-risk offenders.
Although most people who commit multiple felonies are eventually sent to prison, the LFC found it takes “several alleged offenses before they are fully prosecuted and convicted.”
The analysis found that most felony cases were dismissed because of insufficient evidence collection or witness cooperation.
Sen. Joe Cervantes (D-Las Cruces) said there was a failure to hold the Albuquerque Police Department accountable.
“If your cases are getting dismissed because you’re doing poor evidence collection, who’s doing the poor evidence collection? And how come they’re not being held accountable? And how come they’re not being trained? How come they’re not being fired? And how come they’re not being replaced? And how come the people that supervise them are not being replaced? I just don’t know how this is complicated,” he said.
LFC RECOMMENDATIONS
The report provided a list of 17 recommendations to lawmakers and agencies.
None of the bulleted points addressed the governor’s proposed agenda for the upcoming special session.
In six recommendations, the report said lawmakers should focus on people waiting for a trial. Proposed reforms include outlining minimum court-certified standards for pretrial services; checking the validity of the risk assessments used to hold people in jail before trial; making rules for when courts use ankle monitors, and releasing more data to the public.
The committee also recommended lawmakers give more funding for certified competency evaluators and direct state agencies to ensure more pharmacies can make drug addiction treatment more available.
The report offered suggestions for four agencies, such as:
- Ask the New Mexico Corrections Department to increase incarcerated people’s participation in programs to prevent reoffending, and offer Medicaid-approved transitional services.
- Request the Administrative Office of the Courts increase participation in treatment courts and jail alternative programs across the state, and publish data on release decisions and outcomes.
- Recommend that the Health Care Authority amend the state’s Medicaid coverage to extend to people in prison 90 days before their release, to allow them to transition to services.
- Ask the Sentencing Commission to document the outcomes of crime reduction grants, particularly on treatment courts impacts on reducing jail overcrowding.
The report also said local agencies such as district attorneys and the Albuquerque Police Department have to focus on staffing and existing programs.
For the Second Judicial District Attorney’s Office in Bernalillo County, the recommendations were to focus on diverting low-level offenders into addiction treatment and other programs addressing crime’s root causes. The report asked for further updates on the office’s efforts to use prosecutor specialty units on certain crimes and determine if they increased convictions.
The LFC requested the Albuquerque Police Department hire more police officers, conduct joint patrols with Bernalillo County Sheriff’s Office in “hot spots,” and staff specialized detective and field services to improve evidence collection and solve more crimes.
The legislature has allocated $829 million in the past three years to address crime, according to the report.
George Muñoz (D-Gallup), who chairs the powerful Senate Finance Committee, made one last comment as the meeting ended.
“No matter what amount of money we put in there, crime goes up,” Muñoz said of Bernalillo County. “And our costs go up and nothing’s getting resolved.”
Here’s what lawmakers have introduced in the special NM legislative session so far - By Nash Jones, KUNM News
The New Mexico Legislature convened at noon Thursday for a special legislative session after Democratic Gov. Michelle Lujan Grisham called for lawmakers to tackle what she sees as urgent matters of public safety. After members of her own party balked at the idea of the session, Republican Senators are the ones sponsoring the bills the governor advocated for.
The Senate introduced fifteen bills and one constitutional amendment in its first floor session. All of them were sponsored by Republicans, despite Democrats being the majority party.
Democratic leaders in recent days have argued the governor’s proposals lack vetting and could do more harm than good. So, Republican Sen. Mark Moores sponsored or co-sponsored nearly all of them.
The proposals include dealing with involuntary commitment, increased penalties for gun possession by those with felonies, and restricting panhandling on roadways.
The proposals deal with involuntary commitment for some defendants, defining “harm to self” and “harm to others,” restricting panhandling on roadways and medians, increasing penalties for possessing a gun after being convicted of a felony, combating organized crime and requiring monthly reporting by local law enforcement agencies.
Meanwhile, Republican Senators Crystal Brantley and Steven McCutcheon sponsored a governor-backed bill to increase penalties for selling or trafficking fentanyl.
Republicans also introduced proposals not directly called for by the governor, including one that would fund a wall on the state’s border with Mexico and declare an emergency.
On the House side, lawmakers quickly introduced and passed a single bill related to finances. This one did have Democratic co-sponsors.
It appropriates nearly $212,000 to pay for holding the special session, while also funding some policy-related initiatives. It puts $30 million in grants and $70 million in forgivable loans toward recovery efforts from the Salt and South Fork fires. It also gives $3 million to the courts for behavioral health treatment pilot programs.
It quickly passed through committee followed by the full House on a 57 to 7 vote. It now heads to the Senate.
Tribes won input on Petroglyph-area developments. In the case of one large project, it’s too late. - Elizabeth McCall, City Desk ABQ
This story was originally published by City Desk ABQ
When developers announced their plans for a 35-foot-tall apartment complex near the Petroglyph National Monument in 2022, Native American organizations were alarmed. Thanks to zoning changes made last month — spurred by those concerns — tribal leaders will have a voice in future projects.
However, those zoning changes will not affect the current development.
Terry Sloan, the city’s intergovernmental tribal liaison, said the monument is a sacred site for local tribes as well as those throughout the state and nation, and it “represents a part of the Native, Indigenous history in this region.”
“[Tribal consultation] is something that should have happened a long time ago,” Sloan said. “It’s really just the beginning, we’ll be looking at how we can further engage working with the tribes. We may be the first municipality in North America to do this. We’re really beginning to take the lead on this and it’s really opening the door for more.”
Sloan — who has worked on implementing tribal consultation for nearly three years — said the controversy surrounding the planned apartment complex started after developers decided to increase its height, but did not consult tribal leaders.
When Naeva — a Native-led nonprofit organization — learned of the project last summer, it released a statement saying the development “poses serious risks to the Petroglyphs.” The unsuccessful push for tribes to be consulted on the matter led the organization to propose a change to the Integrated Development Ordinance (IDO).
Ahtza Chavez, Naeva executive director, said tribal leaders and a nearby neighborhood association were concerned about the height of the development doubling.
“The housing folks are upset because they don’t want their view obstructed,” Chavez said. “We don’t want the view obstructed for prayer reasons but they don’t want it just because of property reasons.”
City Councilor Tammy Fiebelkorn introduced an amendment to the IDO that would allow tribal representatives to be notified and comment on development applications within 660 feet of the monument at the City Council’s June 17 meeting. Tribal representatives will have 14 days to respond if they have any issues with development, according to Chavez.
The ordinance passed unanimously and on July 3, Mayor Tim Keller signed the legislation, saying it will “strengthen the partnership we share with local tribes over our land.”
In the meantime, the development of the 238-unit apartment complex near Paseo Del Norte and Rosa Parks Road has been delayed for almost two years after the Westside Coalition of Neighborhood Associations and the Laguna Pueblo appealed the plan, first to the City Council, then in Second Judicial District Court. Those efforts were denied but the neighborhood associations appealed it again and it is now pending in the Court of Appeals.
“We still have the chance to have these housing associations and Laguna Pueblo — who is a party to the case — prevent it from happening but the chances of that happening are very, very slim,” Chavez said.
John Campbell, an attorney representing the developer, said that “the developer is waiting for the results of the appeal before actually proceeding with his development of the apartments.”
Tim Walsh, spokesperson for the Planning Department, told City Desk ABQ that the development will not be affected by the IDO amendment because the tribal consultation rules were not in place when the application was accepted. He said that development applications submitted after Aug. 3 must meet the new tribal consultation rules and processes.
New Mexico governor cites 'dangerous intersection' of crime and homelessness, wants lawmakers to act - By Morgan Lee, Associated Press
Citing what she calls the "dangerous intersection" of crime and homelessness, New Mexico's governor is calling on lawmakers to address stubbornly high crime rates as they convene Thursday for a special legislative session.
In issuing her proclamation, Gov. Michelle Lujan Grisham talked about a vulnerable segment of society that falls prey to drug and human trafficking. She also repeatedly referenced a "revolving door" within the state's criminal justice system that has resulted in dangerous individuals and those who need mental health services remaining on the streets.
The governor pointed to thousands of cases that have been dismissed in recent years over competency questions, including many involving violent felonies.
"This should be a terrifying environment for anyone," Lujan Grisham said, admonishing any lawmakers who don't want to spend time to resolve the problems. "It's unacceptable. We cannot be a permissive state for risk behavior."
The two-term Democrat is urging lawmakers to consider longer minimum sentences for gun-toting felons, restrictions on panhandling and an expansion of involuntary detention and treatment for mental health problems and addiction.
Some leading legislators say the proposals could lead to unintended consequences. Groups that advocate for homeless people and civil rights worry that they would infringe on constitutional rights.
Here are some things to know about the special session:
CRIME IN ALBUQUERQUE
FBI data shows steep drops in every category of violent crime across the U.S. in the first three months of 2024 compared with the same period a year earlier, continuing a downward trend since a coronavirus pandemic surge.
That's not the case in the Albuquerque metropolitan area — home to roughly one-third of New Mexico residents — where violent crime rates are holding steady at about three times the national average. Criminal cases involving juveniles and guns rose last year, as authorities also grappled with encampments of homeless people on sidewalks and in riverside parks.
Albuquerque Mayor Tim Keller said Wednesday that the city cleared 1,000 encampments in June alone and spends $1 million a month on housing vouchers. It's not enough, he said.
Lujan Grisham said the streets still aren't safe after lawmakers in February approved modest public safety reforms that extend a waiting period on gun purchases to seven days and give judges an extra opportunity to deny pre-trial bail in dangerous situations.
This week the governor extended emergency public health orders for the Albuquerque area regarding gun violence and illicit drug use that were first invoked in September 2023.
INVOLUNTARY COMMITMENT
Several states including California and Tennessee are embracing a more forceful approach to untreated mental illness and addiction issues amid concerns about crime and homelessness.
Lujan Grisham wants legislators to make it easier to place a person involuntarily into treatment. She also wants to give courts and prosecutors more leeway to detain and evaluate criminal defendants when mental competency is in question.
Ben Baker, a senior public safety adviser to the governor, said it's time to intervene in new ways when a court declares a defendant mentally incompetent.
"Incompetency is determined, they are released and they return for very similar criminal conduct, ad infinitum," Baker said in a podcast interview with The Santa Fe New Mexican.
The ACLU and other advocacy groups warn that the governor's initiatives would make it easier to force someone into a locked mental health facility.
OTHER MEASURE: GUN CRIMES AND PANHANDLING
The proposed agenda for the special session also includes enhanced penalties for a convicted felon found in possession of a gun during the commission of another crime. The governor wants a minimum nine-year prison sentence with no reductions for good behavior.
Another initiative would make it illegal to loiter on narrow medians amid high-speed traffic, responding to a proliferation of urban panhandlers.
Proponents say panhandlers can still exercise free-speech rights to ask for money from sidewalks and other areas. The ban would apply to medians up to 3 feet (1 meter) wide on streets with a 30 mph (45 kph) speed limit.
Also under the proposals, state agencies would collect and analyze information on a monthly basis from local law enforcement agencies about crime and any guns involved.
ALTERNATIVES
Frustrations are mounting after legislators appropriated more than $800 million over the past three years to address crime, including underlying mental health issues.
State Democratic House speaker Javier Martínez of Albuquerque said at a news conference Monday that the governor's approach is uninformed and could backfire.
"We have deep concerns about the potential impact these proposals will have on New Mexicans, especially the most vulnerable among us," he said.
Legislators including Democratic Senate Majority Leader Peter Wirth of Santa Fe are expressing support for a possible expansion of voluntary treatment programs for people with severe mental illness through both civil and criminal court proceedings.
Daniel Williams of the ACLU of New Mexico said that approach, using a pilot program to see what works and what doesn't, "is much more encouraging to us than rushing into legislation where there are some real risks of harm."
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Associated Press reporter Susan Montoya Bryan in Albuquerque contributed.
Boebert looks to replace Haaland at Interior Department if Trump wins - By Shaun Griswold, Source New Mexico
If U.S. Rep. Lauren Boebert (R-Colorado) gets her way, she will be the next Interior Department secretary in another Donald Trump administration.
“I think Lauren Boebert needs to be the secretary of the Interior. President Trump, I would like to be secretary of the Interior,” she said on Native America Calling on Wednesday — the third day of the Republican National Convention.
She would replace Interior Secretary Deb Haaland (Laguna), who is the current leader for the department under President Joe Biden. Haaland was celebrated as the first Native American cabinet secretary, and she has ushered in more knowledge on issues affecting tribal governments.
Speculation on potential cabinet positions is early with the presidential election still a few months away.
Boebert has never publicly stated her interest in the job, her campaign confirmed, and the idea appeared to be spontaneous.
As Boebert walked by the Native America Calling radio show booth during its live broadcast Wednesday afternoon, she was quickly asked if she supports tribal sovereignty and her thoughts on the Interior Department’s policies.
Boebert said she would reverse Haaland-led efforts, like expanding Bears Ears National Monument, and she spoke in favor of expanding coal and “drilling” projects.
The U.S. Department of the Interior is responsible for managing public lands, mineral rights and all programs that meet the U.S. Trust obligation to Native American tribes for things like health care, schools and economic development.
Boebert said she supports tribal sovereignty. And she wants to move Bureau of Land Management offices out of Washington, D.C., and into other states, a fight that would continue where the last GOP Interior secretary, William Perry Pendley, left off.
She did not directly address any type of support for tribal nations that would want to work on land conservation projects or environmental protections measures. Instead she tried to argue that “drilling” on tribal lands is a means of environmental land management for tribes.
“I believe that that is a cleaner way to take care of the environment and extract those resources that we have been blessed with to use what’s given to us by the earth to produce this energy in a clean and efficient way, rather than just covering it up with solar panels and wind turbines.”
When she was asked about the Antiquities Act, an executive action that created the expansion of Bears Ears and other national monuments, she said “Ugh, the Antiquities Act, nope.”
“There’s been a lot of things through the Antiquities Act where we have had land grabs by the federal government. I do not want any land grabs. I do not want more wilderness areas. I don’t want these, these areas where we are unable to actually manage the land,” Boebert said.
The message goes directly to Boebert’s consistent position on energy exploration in the West, something that also aligns with Trump policies in his first term.
Boebert’s family has had financial ties to the oil and gas industry, according to reports during her first term in Congress. She has one of the lowest-rated records on the environment. Recently she blasted a new BLM rule meant to promote conservation as a “misguided land grab meant to prevent oil and gas production at a time when sky-high gas prices and inflation are looting the pocketbooks of the American people.”
“I am pro fossil fuels, oil and gas, and I especially want to explore nuclear,” she said during the interview. “But I think that our tribal lands are impacted severely when we are shutting down our coal-fired energy plants.”
This story is part of a collaboration between Koahnic Broadcasting, ICTNews.org and States Newsroom covering the Republican National Convention in 2024 with a focus on Native America.
Movie armorer seeks dismissal of her conviction or new trial in fatal shooting by Alec Baldwin - By Morgan Lee, Associated Press
A movie armorer has asked a judge to dismiss her involuntary manslaughter conviction or convene a new trial in the shooting death of a cinematographer by actor Alec Baldwin, alleging suppression of evidence and misconduct by the prosecution.
In a court filing Tuesday, defense counsel for armorer Hannah Gutierrez-Reed argued her case should be reconsidered because prosecutors failed to share evidence that might have been exculpatory.
Judge Mary Marlowe Sommer last week brought Baldwin's trial to a sudden and stunning end based on misconduct of police and prosecutors over the withholding of evidence from the defense in the 2021 shooting of cinematographer Halyna Hutchins on the set of the film "Rust."
"This court stated on July 12 that the integrity of the judicial system demanded that the court dismiss Mr. Baldwin's case with prejudice," said defense attorney Jason Bowles in the new court filing. "How can it be any different with Ms. Gutierrez-Reed's case, with this proven litany of serious discovery abuses?"
Kari Morrissey — lead prosecutor in both the Baldwin and Gutierrez-Reed cases — said her written response would be filed in court next week, declining further comment.
The case-ending evidence at Baldwin's trial was ammunition that was brought into the sheriff's office in March by a man who said it could be related to Hutchins' killing. Prosecutors said they deemed the ammo unrelated and unimportant, while Baldwin's lawyers alleged they "buried" it and filed a motion to dismiss the case.
Gutierrez-Reed was convicted by a jury in March in a trial overseen by Judge Marlowe Sommer, who later assigned the maximum 18-month penalty. Gutierrez-Reed already has an appeal pending in a higher court on the involuntary manslaughter conviction.
Prosecutors blamed Gutierrez-Reed for unwittingly bringing live ammunition onto the set of "Rust," where it was expressly prohibited, and for failing to follow basic gun safety protocols.
She was acquitted at trial of allegations she tampered with evidence in the "Rust" investigation. She also has pleaded not guilty to a separate felony charge that she allegedly carried a gun into a bar in Santa Fe, New Mexico, where firearms are prohibited.
Baldwin, the lead actor and co-producer for "Rust," was pointing a gun at Hutchins during a rehearsal on a movie set outside Santa Fe in October 2021 when the revolver went off, killing Hutchins and wounding director Joel Souza.
Jon Jones fights charges stemming from alleged hostility during a drug test at his home - By Susan Montoya Bryan, Associated Press
UFC heavyweight champion Jon Jones pleaded not guilty Wednesday to a pair of misdemeanor charges stemming from a drug test at his New Mexico home in which he was accused of being hostile.
Jones appeared seated next to his attorney as the pleas were entered on his behalf during a virtual hearing. An Albuquerque judge granted the attorney's request that Jones remain free pending trial on charges of assault and interference with communication in connection with the March testing session.
Jones has vowed to fight the charges. When the allegations first became public, he called them baseless, posting on social media that he had been taken off guard by what he called the unprofessionalism of one of the testers and acknowledged cursing after getting frustrated.
"However, I want to emphasize that at no point did I threaten, get in anyone's face, raise my voice to anyone or engage in any form of assault," Jones said in a social media post.
Considered one of the top MMA fighters, Jones took the heavyweight title more than a year ago with a first-round submission over Ciryl Gane. It was Jones' first fight in three years and his first in the heavyweight division. He already was the best light heavyweight by winning a record 14 title fights.
Jones was suspended for a year in 2016 for a failed drug test and had his 2017 victory over Daniel Cormier turned into a no-contest after another drug test came up positive. Jones argued later that he would have passed under standards that were revised in 2019 by the U.S. Anti-Doping Agency, which changed the criteria for what constituted a positive test.
A woman who worked for Drug Free Sport International, which conducts tests for professional athletes, initially filed a report with police in April. She accused Jones of threatening her, taking her phone and cursing at her while she and a colleague were at Jones' home for a drug test.
A criminal complaint states that the woman described Jones as cooperative at first but that he became agitated.
Jones told police that he thought it was his phone that he picked up and that he apologized for swearing at the woman and her co-worker at the end of the test. He posted a video from what appears to be a home camera system showing the woman giving him a high-five before leaving. He said neither appeared scared during the interaction.