Business owner shot and killed in Downtown Albuquerque tattoo shop - Albuquerque Journal, KUNM News
The owner of Por Vida Tattoo, John Sisneros Jr., was shot and killed inside the shop in Downtown Albuquerque Thursday morning.
The Albuquerque Journal reports the police responded to a call of a shooting at the tattoo shop on 4th Street and Coal Avenue around 8:30 a.m. Sisneros was found with a gunshot wound and declared dead at the scene.
The Albuquerque Police Department told the Journal it has not identified any suspects in the killing. Though, soon after the shooting, many community members had shared photos of an alleged shooter to social media in an effort to name them.
Police say the investigation includes seeking a search warrant for the tattoo shop and collecting surveillance video from Por Vida and surrounding businesses.
Several community members, including family, friends and customers of Sisneros gathered at the shop after news of the shooting broke early Thursday.
Friend Tim Cummins told the Journal that Sisneros had a “good heart” and was “excited about life.” He said Sisneros was regarded as someone “up-and-coming" in the Albuquerque business community.
Oil Conservation Commission kicks off hearing on use of ‘forever chemicals’ in fracking - Hannah Grover, New Mexico Political Report
The Oil Conservation Commission kicked off its week-long hearing on a petition to ban the use of PFAS chemicals in oil and gas extraction.
While there is no concrete evidence that PFAS chemicals are currently being used in oil and gas extraction in New Mexico, activists say that it has been used in the state in the past and that companies may be hiding behind rules allowing them to keep some of the formulas as trade secrets.
The commission meeting started with several hours of public comments urging the body to ban the use of PFAS in oil and gas extraction. Many of the public commenters said that the oil and gas industry should not be allowed to keep chemical formulations secret if they are injecting them underground with the potential that those chemicals could impact aquifers.
PFAS chemicals have gained increasing attention in recent years as more people learn about the dangers of these prevalent substances.
WildEarth Guardians filed the petition with the Oil Conservation Commission last year to ban the use of PFAS chemicals in oil and gas extraction. The proposed ban would follow in the footsteps of Colorado and California. Colorado’s law requires chemical disclosure of anything used underground in oil and gas extraction.
One of the central arguments in the OCC hearing is whether New Mexico law allows the OCC to require disclosure of chemical formulas that are currently classified as trade secrets.
The commission must also decide whether to require companies to provide notice to nearby communities when using PFAS in hydraulic fracturing.
WILDEARTH GUARDIANS’ REQUEST
Tim Davis, who represents the conservation group WildEarth Guardians, told the commission that the petition requests two things: a ban of PFAS chemicals in downhole operations and full disclosure of all chemicals that are used in downhole operations. He said that disclosure is needed to enforce the proposed PFAS ban.
“If we don’t know the chemicals that are going downhole, then we can’t be certain that those chemicals are not PFAS,” Davis said.
He said that the changes requested will not require companies to disclose trade secret formulas.
“It simply prohibits the use of undisclosed chemicals. So in other words, it puts a choice to the holder of the trade secret, they can either disclose it and use it, or they can keep it as undisclosed but not use it in New Mexico,” he said.
WildEarth Guardians acknowledges that the OCC and the Oil Conservation Division have limited jurisdiction to regulate to protect the environment and public health, Davis said. He highlighted that the OCC cannot consider the environmental impacts of permitting new wells.
“However, this commission can regulate produced water and nondomestic waste for the protection of the environment and public health,” he said.
Davis further said that the OCD has the authority to regulate the amount of chloride in the waste that oil and gas operators bury.
“The pit rule requires operators fill out Form c1, 44 detailing the well information, the API number, the OCD permit number, well location and the amount of chloride in the waste stream,” he said.
Davis argued that since the OCD has the authority to regulate chloride in waste, “it also has the authority to regulate other constituents in oil and gas wastes, like PFAS.”
In an opinion piece published in the Santa Fe New Mexican leading up to the hearing, representatives of the New Mexico Oil and Gas Association, the Independent Petroleum Association of New Mexico and the Permian Basin Petroleum Association called WildEarth Guardians’ arguments “fearmongering.” The three authors say that PFAS chemicals “are everywhere and are safely used in your everyday life.” They further claimed that PFAS chemicals have not been purposefully used in hydraulic fracturing. They also claimed that chemicals are already disclosed on FracFocus; however, Davis pointed out that only some of the chemicals are disclosed on FracFocus while others remain trade secrets.
“If the industry has transitioned away from using PFAS, then they should disclose all chemicals used,” Davis said. “In downhole operations to show that if we don’t ban PFAS now, nothing prevents its use in the future.”
THE OIL CONSERVATION DIVISION’S PROPOSAL
Jesse Tremaine, who represents the Oil Conservation Division, said the initial petition was very different from what the OCD is now proposing. He said the OCD could not support what WildEarth Guardians first proposed in 2023. Tremaine said the OCD met with WildEarth Guardians and the industry groups “to find the appropriate way to make the core elements of this petition work.”
He said those meetings led to a proposal that the OCD is presenting to the OCC for consideration. That proposal includes a ban on using PFAS when completing wells and certifying that certain PFAS chemicals were not used by operators. The proposal would also create a reporting and disclosure requirement that will allow better response to potential contamination and will trigger investigations and remediations under existing rules.
Tremaine said the OCD believes PFAS chemicals warrant regulation in the oil and gas sphere “due to the consensus that at least some of the chemicals are harmful to human health.”
He said there is evidence that using PFAS in well completions creates at least a potential that people could be exposed to PFAS chemicals. Tremaine further said that prohibiting the use of these chemicals in completions will not be materially detrimental to the industry.
At the same time, Tremaine said that some of the concerns raised in the public comment session are outside of the OCC’s authority.
Tremaine highlighted the state’s Uniform Trade Secrets Act, which allows the industry to keep the chemical composition of some of its formulas proprietary. He said the OCD does not support a ban on all proprietary, or non-disclosed, chemicals.
He said WildEarth Guardians’ proposal of “banning the use of anything that’s listed as proprietary would ban the use of chemicals that we’re not talking about during this hearing from a perspective of human health impacts.”
Additionally, Tremaine said that the OCD’s proposed rule does not contemplate a definition of PFAS that would include all possible PFAS chemicals. This is because there are no tests to detect every one of the thousands of PFAS chemicals.
“Until OCD is able to test or order testing to verify for any particular chemical, OCD cannot possibly enforce a prohibition,” he said.
Furthermore, Tremaine said the proposed rule will not address the use of PFAS chemicals in surface applications or PFAS in air emissions. Nor will the proposed rule address PFAS contamination from non-oil and gas sector sources.
NMOGA ASKS FOR ‘TANGIBLE, EXECUTABLE AND ENFORCEABLE’ REGULATIONS
NMOGA says that it supports a ban on purposeful use of PFAS chemicals and has submitted a proposed definition based on what is used by the U.S. Environmental Protection Agency. It acknowledges that there have been PFAS substances used in the past, but claims one of the ones highlighted in a Physicians for Social Responsibility study has not been used since 2015.
“Any regulations that the Commission adopts to prohibit the use of PFAS compounds in hydraulic fracturing fluid additives must be tangible, executable and enforceable,” Cristina Mulcahy, NMOGA’s attorney, said. “That means the regulation needs to be clear so that it can be easily implemented by the division and followed by the industry. The regulation must be science based, so the rule accurately reflects the actual analytical capabilities to sample for PFAs compounds, and the regulation must be flexible to keep pace with advancement and scientific understandings of analytical capabilities related to PFAS.”
She said that NMOGA does not support “hydraulic fracturing disclosures to a litany of individuals outside of, and addition to the mandated disclosures in FracFocus.”
“So to be clear, NMOGA has no issue with continuing to make disclosures in FracFocus, but the additional disclosures that (WildEarth Guardians) proposes to a whole litany of individuals is ridiculous,” she said.
She said NMOGA also opposes WildEarth Guardians’ proposal to require full disclosure of all downhole chemicals.
“(WildEarth Guardians) has proposed requiring additional disclosures outside of FracFocus to building owners, area residents, tribal members, schools, government actors, public water systems administrators and many, many other individuals and entities,” she said.
Mulcahy said that industries are allowed to keep trade secret formulas confidential under state law and argued that the Oil Conservation Commission does not have the authority to require companies to disclose their formulas in order to use them within New Mexico. Mulcahy argued that the legislature would have to make changes to the law for that to happen, which is what was done in Colorado.
AUTHOR OF THE PSR REPORT TAKES THE STAND
Following the opening statements, the OCC moved to the first witness: Dusty Horwitt, who was called by WildEarth Guardians. Horwitt is an attorney and advocate who has spent his career “trying to protect communities from pollution caused by oil and gas.”
NMOGA objected to various parts of Horwitt’s pre-filed testimony, saying that he is not qualified to testify on chemical toxicity or exposure pathways.
The hearing examiner said she had some concerns about Horwitt’s rebuttal testimony that was filed prior to the hearing; however, she did not bar it from being included in the hearing.
Horwitt wrote a report for Physicians for Social Responsibility that found that over the course of a 10-year period oil and gas companies used two types of PFAS chemicals in New Mexico.
He said the advocates are concerned that those types of PFAS could pose risks to the public given the health harms that have been connected to PFAS chemicals, including cancer, preeclampsia and low birth-weight in infants.
“We’re also concerned that there are many, many, many examples over this 10-year period, 2013 to 2222, of oil and gas operators in New Mexico using at least one trade secret chemical in their oil and gas wells, which could be additional PFAS,” he said.
New Mexico’s top election official: ‘Overwhelmed’ same-day voter registration system caused delays - Danielle Prokop, Patrick Lohmann, Source New Mexico
New Mexico Secretary of State Maggie Toulouse Oliver said a week after Election Day that same-day voter registration was significantly delayed at polling places across the state, acknowledging the problem was worse and more widespread than her office previously had.
Toulouse Oliver described the issues Tuesday during a hearing with lawmakers, where they asked her about the election. Their constituents plus nonpartisan voter advocacy groups had reported hours-long waits on the final day of voting in the high-turnout election. Some advocates said frustrated voters leaving without casting ballots.
State Sen. Antoinette Sedillo López (D-Albuquerque) questioned Toulouse Oliver about the long lines.
“I went and made a big point in my district to say same day registration is available,” she said. “So I was just wondering what plans you have to fix that.”
Local clerks and the secretary of state’s office were inundated with voters and same-day registration requests. Toulouse Oliver responded to say that, by the time the state had added computer server space to speed up the process, county clerks were already behind in the queue
“We could have never envisioned something (like this) happening. Now we know it can happen, so it’s a good thing,” she said. “So many people came out and participated, but it did slow the process down.”
She said her office and county clerks now know what their “homework” is for the next election, which is to prevent something like this from happening again, though she didn’t offer specifics on how to do that.
Presidential races on ballots typically draw the biggest crowds during U.S. elections. In the 2022 midterm elections, about 714,000 voters cast ballots. This year, a little more than 925,000 people voted.
It’s not clear exactly how many voters encountered delays when trying to register on Election Day. Many of those voters may have filed provisional ballots instead, which is what clerks and the state encouraged them to do while their applications were pending.
How many of those provisional ballots were filed won’t be known until county officials process them during vote canvassing – the process of making sure every valid vote counts – beginning next week.
If the state’s most populous county is any indication, the number of people forced to vote provisionally is significant: About 9,000 people attempted to register and then vote on Election Day. About 1,000 of them had to file provisional ballots, according to Nathan Jaramillo, the administrator for Bernalillo County’s Bureau of Elections.
OBSERVERS NOTED DELAYS
At least two nonpartisan election observer groups documented delays with New Mexico’s same-day registration process in at least 15 counties, with some voters still in line an hour after polls closed.
Observers with Common Cause said an outage occurred early in the morning, during which no same-day registration applications were processed. Then, for the rest of the day, poll workers struggled to keep up with a backlog of applications amid slow processing times, said Mason Graham, spokesperson for Common Cause, which sent about 100 observers to sites across the state.
Secretary of State spokesperson Alex Curtas attributed the challenge on Election Day to an influx of same-day registrations, acknowledging a slow-down, and said more servers were added to help the process.
The Secretary of State’s office did not characterize it as an outage until after the election.
Jaramillo, the election administrator for Bernalillo County, said he will ask for additional grant funds and an increased budget to hire more workers to register people for future elections, and ask the Secretary of State redevelop the website to make the registration process smoother.
“I think we could use this as a learning mechanism in the future to ensure we’re aligned in the event of an issue, preemptively, to avoid that confusion,” Jaramillo said.
More than 26,000 voters registered to vote in New Mexico on Election Day, according to data from the Secretary of State’s Office. That’s about as many people who registered during all of the early voting period which began about a month before Election Day.
Observe New Mexico Elections is a polling observer group funded by the nonprofit Carter Center, which former President Jimmy Carter founded, sent about 170 observers to about 150 voting locations on Election Day.
The group reported voters in at least 14 counties waited between 10 minutes and more than two hours. Some voters left without voting, according to a news release from the group. Some voters were told to come back later to finish registering or to go to the county clerk’s office to finish the task.
Chaparral, a colonia of more than 16,000 people, in both Doña Ana and Otero counties, also saw long lines for same-day registration.
When polls closed, there were 30 to 40 people waiting in line outside as temperatures dipped into the mid 50s, said Maty Gonzalez, a community organizer intern for NM Comunidades en Acción y de Fé, a progressive interfaith group, who lives in the community.
“People left the line because they couldn’t stand the cold,” she said.
Otero County Clerk Robyn Holmes said, cited record turnout in the county and a lack of preparation for the crowds. “We are not used to that many people registering to vote on Election Day, so we didn’t have enough ports to bring in more laptops,” she said. “It wasn’t just Chaparral, it was all over our county.”
Graham, with Common Cause, said his group is considering reforms to propose during the 2025 state legislative session to prevent the issues on Tuesday from occurring again.
“I think there’s probably some technological advancements that might need to happen, and of course, that’s going to cost money,” he said.
Man gets a life sentence in the shotgun death of a New Mexico police officer - Associated Press
An armed driver who fled from a traffic stop in New Mexico was sentenced this week to life in prison without parole for using a sawed-off shotgun to fatally shoot a police officer during the chase.
Dominic De La O, 27, was sentenced Monday, days after a jury found him guilty of first-degree murder and other charges in the July 2023 killing of Anthony Ferguson, an 11-year-veteran of the Alamogordo Police Department in southern New Mexico.
New Mexico State Police, which investigated the shooting, announced De La O's conviction and sentencing Wednesday.
"The conviction and sentencing of the person responsible for this senseless murder brings some measure of justice, but it will never replace the loss of Officer Ferguson," Police Chief Troy Weisler said in a news release.
Ferguson was severely wounded on July 15, 2023, in the aftermath of the pre-dawn traffic stop. He died the next day.
Authorities have said De La O was driving without lights when he was stopped, then led police on a chase before crashing into a light pole and running off with the shotgun.
An account of the deadly confrontation by State Police says that De La O fired at Ferguson while fleeing. De La O was shot in the leg by police as he continued to flee to a nearby home, where he was arrested.
City launches grant program to help business owners pay for property improvements - Elizabeth McCall, City Desk ABQ
Some Albuquerque business owners will now be able to get money to help improve their properties.
The Metropolitan Redevelopment Agency (MRA) on Tuesday launched its Renovate & Reinvest grant program to reimburse eligible business owners for improvement projects.
The program was announced in a news release stating eligible applicants include properties in the five metropolitan redevelopment areas, which are located in the Barelas, Downtown, east Downtown, Menaul and University areas.
Eligible property owners can receive up to $95,000 per fiscal year “to enhance the aesthetics and functionality of their buildings, fostering business growth and enhancing community pride,” according to the release. The MRA will accept applications until the grant’s funds run out.
Acceptable improvements include exterior upgrades, lighting, security systems, structural repairs, HVAC installation and energy conservation improvements. Improvements outside of a business’s physical building, such as fencing or landscaping, are not eligible for reimbursement.
According to the MRA, funds will be awarded competitively, focusing on projects that “produce a clear visual impact at the ground-floor level, further encouraging pedestrian traffic and economic activity.”
“We’re helping local business owners improve their curb appeal and be part of the vision for a better, stronger Albuquerque,” Mayor Tim Keller said in a statement. “This funding will help businesses make a real difference in the look and feel of our neighborhoods, and revitalize key areas of our city.
Renovate & Reinvest is a matching grant program that requires businesses to provide the total cost of their improvement project and if accepted, the MRA would match the cost with the program funding. The matching cost will be based on business size.
Business owners must submit an eligibility application form with proof of property ownership, a description of the project, the project budget with itemized costs and a completion timeline that is supported by the vendors or contractors.
To find out if your business is within the eligible boundaries or for more information on the program’s requirements and guidelines, visit cabq.gov/renovate.
E. coli cases climb to 104 in McDonald's outbreak tied to slivered onions - By Jonel Aleccia, AP Health Writer
At least 104 people have been sickened, with 34 hospitalized, in an outbreak of E. coli food poisoning tied to onions served on McDonald's Quarter Pounder hamburgers, federal health officials said Wednesday.
Cases have been detected in 14 states, according to an update from the U.S. Centers for Disease Control and Prevention. One person died in Colorado and four people have developed a potentially life-threatening kidney disease complication.
At least 30 cases were reported in Colorado, followed by 19 in Montana, 13 in Nebraska, 10 in New Mexico, eight in Missouri and Utah, six in Wyoming, three in Kansas, two in Michigan and one each in Iowa, North Carolina, Oregon, Washington and Wisconsin.
Illnesses were reported between Sept. 12 and Oct. 21. At least seven people who got sick said they ate McDonald's food while traveling.
Slivered onions served on the Quarter Pounders were the likely source of the outbreak, the CDC said. Taylor Farms, a California-based produce grower, recalled onions potentially linked to the outbreak. Tests by the U.S. Food and Drug Administration detected a type of E. coli bacteria that produces a dangerous toxin in one sample of the onions, but it did not match the strain that made people sick, officials reported.
Quarter Pounders were removed from menus in several states during the early days of the outbreak. McDonald's officials said Wednesday that the company identified an alternate supplier for the 900 restaurants that temporarily stopped serving the burgers with onions. Over the past week, those restaurants resumed selling Quarter Pounders with slivered onions.
FDA officials said in a statement that "there does not appear to be a continued food safety concern related to this outbreak at McDonald's restaurants."
The type of bacteria implicated in this outbreak causes about 74,000 infections in the U.S. annually, leading to more than 2,000 hospitalizations and 61 deaths each year, according to the CDC.
Symptoms occur quickly, within a day or two of eating contaminated food, and typically include fever, vomiting, diarrhea or bloody diarrhea and signs of dehydration — little or no urination, increased thirst and dizziness. The infection can cause a type of serious kidney injury, especially in kids younger than 5. E. coli poisoning in young children requires immediate medical attention.
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