NM Health Department declares measles outbreak in Lea County - By Nash Jones, KUNM News
The New Mexico Department of Health announced Friday that it has declared an outbreak of measles in Lea County in the southeast corner of the state.
The department says two adults tested positive Thursday. Those cases follow one previous case earlier in the week. The three cases are unrelated, thereby meeting the criteria for an “outbreak” from the Centers for Disease Control and Prevention.
It released a list of locations, days and times where the public may have been exposed, including stores, a school and a church in Hobbs and the Nor-Lea Hospital in Lovington:
- Stone Elementary School, Hobbs, N.M. on Thursday, Feb 6.
- Albertsons grocery store, 2402 N. Grimes St., Hobbs, N.M. between the hours of 1 p.m. to 11:30 p.m. on Thursday Feb. 6.
- Albertsons grocery store, 2402 N. Grimes St., Hobbs, N.M. between the hours of 1 p.m. to 11:30 p.m. on Saturday Feb. 8.
- Crosswinds Community Church, 1701 N Jefferson St., Hobbs, N.M. between the hours of 9 a.m. to 2:15 p.m. on Sunday Feb. 9.
- Walgreens, 801 Joe Harvey Blvd, Hobbs, N.M. between the hours of 3 p.m. to 6 p.m. on Sunday Feb. 9.
- Nor-Lea Hospital emergency department between the hours of 9 a.m. and 3 p.m. on Monday Feb. 10.
- Nor-Lea Hospital extended hours clinic, 1923 N Dal Paso, Hobbs, N.M. between the hours of 8 a.m. and 3 p.m. on Monday, Feb 10.
- Nor-Lea Hospital emergency department between the hours of 1 p.m. and 3 p.m. on Tuesday, Feb. 11.
The New Mexico outbreak comes as measles cases have ballooned in Gaines County, Texas, just across the state line. The Associated Press reports the ongoing outbreak there has reached 48 cases, marking the state's worst outbreak of the highly contagious virus in nearly 30 years.
The New Mexico Health Department said in a statement that,“While a connection to the Texas outbreak is suspected, it remains unconfirmed.”
State health officials encourage members of the public who show symptoms to isolate and call their doctor. Those can include fever, cough, runny nose, and red eyes, followed by a red spotted rash that often starts on the head or face before spreading to the rest of the body.
New Mexico State Police place DWI officer on leave in FBI corruption case - By Matthew Reisen and Colleen Heild, Albuquerque Journal
New Mexico State Police has placed on leave a DWI sergeant known for filing a high number of cases amid an ongoing FBI investigation targeting corruption.
State Police Chief Troy Weisler said Sgt. Toby LaFave is on paid administrative leave as the FBI investigates a racketeering scheme involving an attorney paying officers to let DWI cases get dismissed.
The Friday announcement came after attorney Thomas Clear III, his paralegal Ricardo "Rick" Mendez and three Albuquerque police officers pleaded guilty in the case.
LaFave, according to court records, is named as an arresting officer in more than 500 misdemeanor DWI cases filed statewide since 2009. Of those, 33 defendants hired Clear to defend the charges.
LaFave has not been charged with a crime in connection with the ongoing federal investigation that alleges numerous law enforcement officers had been paid to help Clear get suspects' DWI cases dismissed.
Weisler said State Police is conducting its own internal probe into LaFave, who was recognized by the agency for the number of DWI arrests under his belt.
“Let me be clear — any misconduct or criminal behavior within our ranks will not be tolerated. The New Mexico State Police holds its officers to the highest ethical and professional standards," Weisler said in a statement. "If it is found Sergeant LaFave’s actions have violated the law or our policies, he will be dealt with swiftly and decisively."
Weisler said the internal investigation "is a top priority."
"I will do everything in my power to ensure any State Police officer who engaged in corrupt behavior is prosecuted to the full extent of the law," he said. "We will not allow the actions of any individual to tarnish the reputation and sacrifice of the men and women in this department who uphold their oath with pride and honor every day.”
House committee passes two measures to make NM child welfare agency more transparent and accountable - By Patrick Lohmann, Source New Mexico
Lawmakers in a House committee on Friday unanimously approved two bills they hope will make needed reforms to the New Mexico Children, Youth and Families Department, a department whose recent failures have resulted in millions of taxpayer dollars spent on lawsuits.
Sponsored by Rep. Meredith Dixon (D-Albuquerque), House bills 203 and 205 would create a formal record retention schedule, violation of which is punishable by termination, and move the responsibility to create “plans of safe care” for babies exposed to substances from the department to the Health Care Authority.
HB 205 would also create a committee to vet candidates for the CYFD cabinet secretary position. Dixon said the CYFD leadership endorsed HB 205.
Sara Crecca, an attorney who has successfully sued CYFD for wrongful death, including as part of the landmark “Kevin S.” ruling, testified as Dixon’s expert witness Friday in front of the House Government, Elections and Indian Affairs Committee. She alleged it’s common practice at CYFD for employees to delete or manipulate records, especially if they think doing so will reduce their risks of a lawsuit.
But those practices are not only unethical, she said, they prevent the beleaguered department from the accountability it needs and actually increase the state’s liability.
In a 2019 wrongful death case, she told the committee, department higher-ups covering up the facts of the case impeded a criminal investigation. Also, the deletion of records partially caused the settlement of $4.9 million to be far higher than it would otherwise have been, she said.
“This not only is the right thing to do because our children are worth it,” she said. “It actually will mitigate the risk if employees learn they cannot do this.”
The law would mandate the use of state-issued electronic devices, create a formal back-up and retention schedule, and require that records are retained for 24 years, Dixon said.
Both bills are now headed to the House Judiciary Committee.
New Mexico congressional delegation urges Trump to stop federal firings - By Cathy Cook, Albuquerque Journal
New Mexico’s congressional delegation is urging President Donald Trump to stop mass layoffs of probationary employees at federal agencies.
The delegation sent a letter to Trump on Thursday evening highlighting concerns that the layoffs may be illegal and could economically damage New Mexico, which has approximately 2,200 probationary federal employees.
“Federal employment is a major contributor to New Mexico’s economy, supporting thousands of families and generating significant local revenue,” reads the letter, signed by all five members of the state’s congressional delegation. “Large-scale firings of probationary employees would ripple through our communities, reducing consumer spending, straining local businesses, and creating unnecessary economic instability.”
Probationary employees, sometimes defined as employees who worked in their jobs for less than one year and sometimes for less than two years, were fired at the Education Department, the Office of Personnel Management and the Small Business Administration on Wednesday and Thursday. The layoffs come after a Tuesday executive order from Trump telling agency heads to prepare for reductions in force. The order explicitly excludes military personnel and says positions needed for meeting national security, homeland security or public safety responsibilities can be exempted.
Approximately 2,200 federal employees are in a probationary period in New Mexico, according to the letter, while 200,000 are on probationary status across the entire federal workforce. Nationally, 27% of probationary federal employees are under the age of 30.
The delegation is concerned about the legality of the firings.
“Federal law permits the termination of probationary employees based on performance or conduct. It does not allow for large-scale firings without individualized assessments or adherence to Reduction in Force procedures. Additionally, it explicitly prohibits dismissing probationary employees for partisan political reasons,” the letter reads.
The abrupt terminations could also discourage people from taking federal jobs in the future, the letter says, by making it seem that federal jobs are unstable.
There are federal employees on probationary status in New Mexico at the Bureau of Land Management, the U.S. Forest Service and the Veterans Health Administration. The delegation points to the potential public safety repercussions if the Trump administration decides to lay off probationary employees in the FBI, which has an Albuquerque office.
“Recent reports highlight the Federal Bureau of Investigation’s extensive training and reliance on probationary employees, with new agents and support staff actively investigating crimes nationwide,” the letter reads. “Dismissing these employees could have dire consequences on national security and public safety.”
The layoffs come after a deferred resignation offer the Trump administration sent to the majority of the federal workforce, which closed Wednesday after being allowed to move forward by a federal judge. Approximately 77,000 employees accepted the offer, according to the White House. That offer was not open to employees who worked in immigration enforcement, military personnel or U.S. Postal Service employees.
New Mexico jury convicts police officer in fatal shooting of Black man at gas station — Morgan Lee, Associated Press
A police officer was found guilty Wednesday of voluntary manslaughter in the fatal shooting of a Black man during a 2022 confrontation at a New Mexico gas station.
Las Cruces police Officer Brad Lunsford's verdict in a jury trial is the latest outcome in cases that prosecutors have linked to systematic brutality against Black people by members of law enforcement, nearly five years after the May 2020 killing of George Floyd by a white police officer in Minneapolis.
Lunsford, who is white, had pleaded not guilty. His attorney, Jose Coronado, said he will ask the judge to review the verdict for its legal sufficiency.
"While I respect the jury's verdict, I am extremely disappointed in it. I don't believe the state met its burden," he said in an email to The Associated Press.
Prosecutors said he shot Presley Eze at point-blank range in a scuffle after police responded to a 911 call from a gas station attendant who reported that Eze stole beer. Eze allegedly placed his hand on a second officer's stun gun before being shot.
Attorney General Raúl Torrez said the use of deadly force was not reasonable, noting that Lunsford immediately drew his service weapon and shot Eze in the back of the head.
"Today's verdict reaffirms a fundamental principle: no one is above the law — not even those sworn to uphold it. Officer Lunsford's actions were not just a tragic lapse in judgment; they were an egregious abuse of power that cost Presley Eze his life," Torrez said in a statement after the verdict was announced.
The charge of voluntary manslaughter with a firearms enhancement carries a possible sentence of up to nine years in prison. Evidence at trial included police body camera video of the confrontation, in which police pulled Eze from a vehicle and the struggle ensued.
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said most fatal shootings by on-duty officers are determined to be legally justified under precedent stemming from two 1980s-era U.S. Supreme Court rulings.
"It is incredibly difficult for a prosecutor to obtain a conviction in a jury trial in one of these cases, and that's because jurors are very reluctant to second guess the split-second, often life-or-death decisions of an on-duty police officer in a potentially violent street encounter," Stinson said. "Anything can happen, but it's only in the most egregious cases."
Records compiled by Stinson, university colleagues and students through the Police Integrity Research Group show that 205 nonfederal law enforcement officers have been arrested on criminal charges of homicide or manslaughter over the past 20 years, resulting in 66 convictions, 27 convictions of them for manslaughter or homicide.
"If you do get a conviction, it's often for the lesser offense," Stinson said.
More than 900 fatal shootings by on-duty state and local law enforcement officers typically take place each year in the U.S., he said
In pursuing a criminal charge against Lunsford, Torrez described the killing of Eze as a tragedy and "yet another example of poor police tactics resulting in an unjustifiable use of force to subdue an individual resisting arrest for the commission of a minor crime."
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This story has been corrected to show that Lunsford is currently employed as a police officer in Las Cruces.
Lawmakers come together on alcohol tax increase – Marjorie Childress, New Mexico In Depth
An effort to curb New Mexico’s high rate of alcohol-related deaths by increasing taxes on alcoholic beverages gained momentum this week with the introduction of new legislation by a quartet of lawmakers who haven’t always agreed on the best approach.
The bill is co-sponsored by Democratic representatives Micaela Lara Cadena, D-Las Cruces, and Cristina Parajón, (D-Albuquerque), and senators Shannon Pinto, (D-Tohatchi), and Antoinette Sedillo Lopez, D-Albuquerque.
In 2024, Cadena and Parajón advocated for replacing the wholesale levy on the volume of alcohol sold with a new sales tax, under the theory that the current wholesale tax by volume fell more heavily on lower-income people.
But Sedillo Lopez and Pinto, along with other lawmakers and a coalition of advocates argued that replacing the volume tax entirely would end up reducing the retail price of lower-cost alcohol products, even with a new sales tax added.
It appears that House Bill 417 would retain the current tax levied on the volume of alcohol sold, and add a 6% sales tax to alcohol purchased in restaurants, stores, and other places that sell alcohol to the public.
The idea is that the additional tax will inch up the price of alcohol for consumers. Studies have shown that higher alcohol prices reduce a range of behaviours and illnesses that contribute to the state’s high alcohol-related death rate, which leads the country. In 2023, such deaths in New Mexico tallied just under 1,900.
The bill also appears to change how revenues from the state’s alcohol tax are distributed. Currently, they are deposited in the state’s general fund and into drug court programs. That revenue from alcohol taxes is currently soaked up by the state’s bank account rather than targeted programs to reduce alcohol harms has long been criticized by public health advocates.
This bill would change that distribution, diverting tax revenue to programs designed to reduce alcohol harms, with a portion still funding drug courts. Most of the new sales tax appears to be designated for a tribal alcohol harms fund and a portion will also go to fund research at University of New Mexico and evaluation efforts.
More than a dozen state attorneys general challenge Musk and DOGE's authority — Morgan Lee, Associated Press
Attorneys general from 14 states challenged the authority of billionaire Elon Musk and his Department of Government Efficiency to access sensitive government data and exercise "virtually unchecked power" in a lawsuit filed Thursday.
The lawsuit, filed in federal court in Washington, D.C., says the actions taken by Musk at the helm of DOGE can only be taken by a nominated and Senate-confirmed official. It sites constitutional provisions that delineate the powers of Congress and the president.
The attorneys general said the court should bar Musk from issuing orders to anyone in the executive branch outside DOGE and declare that his actions have no legal effect.
They asked the court to order Musk to identify ways that "any data obtained through unlawful agency access was used," destroy "such unauthorized access in his or DOGE's possession" and bar Musk and DOGE from ordering changes in the disbursement of public funds, canceling government contracts, taking steps to dismantle agencies and more.
"We are asking the court to invalidate his directives and actions and to issue a restraining order," Michigan Attorney General Dana Nessel said during an online news conference alongside attorneys general from Arizona and New Mexico.
California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont and Washington attorneys general also joined the lawsuit.
Musk's team has roamed from agency to agency, tapping into computer systems, digging into budgets and searching for what he calls waste, fraud and abuse, while lawsuits pile up claiming President Donald Trump and DOGE are violating the law.
On Thursday, Musk called for the U.S. to "delete entire agencies" from the federal government as part of his push to radically cut spending and restructure its priorities.
Democratic attorneys general say Musk's approach is generating profound concerns among their constituents about the secure handling of sensitive information at agencies including the Centers for Disease Control and Prevention and the IRS.
New Mexico Attorney General Raúl Torrez said Trump is demonstrating "weakness" in deploying Musk rather than advancing his agenda through a Republican-controlled Congress.
"Move fast and breaking things may work in Silicon Valley for a tech company," Torrez said. "It's not good governance and it's unconstitutional."
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Associated Press reporter Jacques Billeaud contributed from Phoenix.
New Mexico Senate committee advances combined bill designed to protect state surface water — Danielle Prokop and Lily Alexander, Source New Mexico
The Senate Judiciary Committee has advanced legislation that combines two bills that aims to increase water quality protections for much of New Mexico and regulate pollution discharged into state surface waters. Both Senate Bill 21 and Senate Bill 22 will now be merged into an amended SB 21. The updated version of the proposal was not yet available Thursday on the Legislature’s website.
The legislation, sponsored by Senate Majority Leader Peter Wirth (D-Santa Fe) and Rep. Kristina Ortez (D-Taos), is a response to a U.S. Supreme Court 2023 Sackett v. EPA decision, which dramatically decreased federal Clean Water Act protections for intermittent waters, which accounts for nearly 95% of New Mexico’s streams and rivers. It would also add a state program to do the permitting in the New Mexico Environment Department.
Tannis Fox, a senior attorney with Western Environmental Law Center, said this bill reinstates protections from discharges from wastewater plants, mining, construction and other pollution sources that existed over fifty years, before being narrowed by court decisions.
“These are waters that formerly had protections from discharges and the sky didn’t fall,” Fox said. “Businesses were able to get permits, and conduct their business before.”
Supporters of the legislation, including Pueblo of Laguna Gov. Harry Antonio Jr., referenced the Sackett v. EPA decision.
“Passing SB 21 and SB 22 is a top legislative priority for Laguna,” Antonio said at the committee hearing Wednesday evening. “Achieving this goal is essential to begin to reestablish surface water protections that have ensured clean water for generations.”
Lobbyists in opposition expressed concerns about the bill’s impact on the farm, dairy and construction industries, and said the new permit requirements may duplicate existing permit requirements.
The combined bill now heads to its third committee: Senate Finance. If it advances through its final committee, the bill still requires a vote of the full Senate, and passage through House committees and a vote of the full House.
Even if the bill passes, sponsors and advocates said the state’s takeover of a surface water permitting program would take a few years to stand up.
The vote to advance the bill occurred along party lines. Sen. Crystal Brantley (R-Elephant Butte) objected to the bill, calling it a “great overreach” in establishing protections for intermittent waters — or arroyos and rivers that run dry — and questioned if the state’s environment department would have the personnel to take on a permitting program.
Senators approved the bill with amendments to allow penalties from water pollution violations to add to funding the quality permitting program. Sponsors added specific language laying out that state regulators have the authority to clean up groundwater and cut a $50 million dollar appropriation for groundwater pollution cleanup, noting that the money was adopted in the House’s version of the budget.
The combined version of the bill also addressed concerns raised in a previous hearing that it did not match all the exemptions — such as for farming — to Clean Water Act permit requirements, according to Jonas Armstrong, the Water Protection Division director at the NMED.
“This has been a long-term plan for New Mexicans to take control of protecting New Mexico’s waters,” Armstrong said. “Sackett accelerated and emphasized that need.”
Investigation turns up an Illicit drug in a dozen racehorses following the high-stakes All American — Susan Montoya Bryan, Associated Press
New Mexico regulators have suspended two prominent horse trainers after tests turned up a banned medication in a dozen racehorses that competed in one of the world's most recognized and richest quarter-horse events.
Officials with the New Mexico Racing Commission described it as unprecedented to have so many top finishers test positive on such an important race day. The All American is equivalent to the Kentucky Derby for thoroughbreds.
More than $5 million in purse money for the All American Futurity and the other races run that September day had been withheld pending the outcome of the testing, which took months to complete.
Regulators announced the suspensions during a news conference Wednesday. The formal notices were issued Thursday.
"These poor innocent horses are being administered these illicit drugs to try to get an unfair advantage in our big races. And it was this commission's duty and job to try to discover that," said Ismael "Izzy" Trejo, the commission's executive director.
It was the distressed behavior of Hezgothelook Z, the winner of the All American and the Triple Crown, that caught the attention of veterinarians and race fans. That spurred an investigation to determine what exactly was in the horse's blood.
Lab tests discovered carmoterol in Hezgothelook Z and 11 other horses that ran in high-stakes races, including the $3 million All American Futurity and the $1 million All American Derby. The drug can improve breathing but also is known to build muscle.
It marked the first time carmoterol was detected in samples taken from horses racing in New Mexico. Commission officials said it also has been found recently by regulators in California and Texas.
The violations were linked to two trainers, Toby Keeton and Heath Taylor. The suspensions mean they will be barred from racing in North America pending further disciplinary proceedings. Keeton did not return phone messages, and Taylor said he had yet to see the formal notice.
The horses go on a list that will prevent them from being run in any licensed jurisdiction in North America until the adjudication process is finalized.
Keeton already was suspended in Texas, after the racing commission there reported positive tests of carmoterol in some horses he raced at Lone Star Park last September.
Noting that the trainers operated out of other states and have participated in races throughout the country, New Mexico Racing Commission Chairman Billy Smith expressed concerns that the latest positive test results could ripple throughout the horse racing industry.
"A lot of people are getting hurt over this. It changes pedigrees. There are so many things it changes," Smith said. "We're going to lose some owners, we're going to lose some trainers and participants. So it's definitely going to hurt. It is going to take time for this to heal over."
New Mexico's horse racing industry was rocked in 2012 by doping allegations uncovered by a New York Times investigation. Expanded testing and other regulations followed, with the commission now touting its aggressive program for ferreting out cheaters with testing done both immediately after races and when the horses are out of competition. The sanctions can be steep, with numerous violations leading to suspensions that can last decades.
Commission officials said Wednesday that the use of illicit drugs appears to have fallen even more over the last several years, dropping from 3.5% of samples resulting in violations in 2017 to just over one-half of a percent last year.
Trejo said the challenge is developing standards for emerging drugs that might boost a horse's performance.
"There's thousands and thousands and thousands of drugs in this world," he said. "And trying to find that needle in the haystack is very difficult."