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Man fatally shot in Albuquerque movie theater over seat dispute

6/27/2023

Police respond to a shooting at an Albuquerque movie theater. ((Chancey Bush / Albuquerque Journal)) © (Chancey Bush / Associated Press)

ALBUQUERQUE (AP) — An argument over seating at an Albuquerque movie theater escalated into a shooting that left a man dead and sent frightened filmgoers scrambling to flee, police said Monday.

Detectives with the Albuquerque Police Department filed charges Monday in Metropolitan Court against 19-year-old Enrique Padilla in connection with the Sunday evening shooting at a cinema complex next to an interstate highway.

Padilla was at a hospital under guard Monday evening while being treated for a gunshot wound, police spokesman Gilbert Gallegos said. It was unclear whether Padilla had a legal representative who could speak on his behalf.

Witnesses told police that a man later identified as Padilla arrived at the theater with his girlfriend and found another couple in at least one of their reserved seats.

Theater staff attempted to help resolve the dispute, but it escalated with a hurled bucket of popcorn, shoving and then gunfire, according to police.

Michael Tenorio, 52, was shot and died at the scene. His wife, Trina Tenorio, said he was unarmed.
The shooter fled, and a wounded Padilla was found hiding behind a bush outside an emergency exit, according to police. A gun was also found outside that was compatible with spent casings from the shooting.

Emergency dispatchers received about 20 calls as other people fled the theater.

A criminal complaint and arrest warrant against Padilla listed open counts of homicide, shooting at an occupied building and tampering with evidence.

The complaint said Padilla was wounded in the abdomen but did not give further explanation.
An off-duty police officer who was at the movie administered emergency aid to Tenorio. The officer witnessed the confrontation but did not see a weapon in the darkened theater, reporting a rapid-fire succession of gunshots before one man in the dispute ran out.

CBP officers seize 146 pounds of cocaine hidden in ice cream maker

6/24/2023

EL PASO, Texas – U.S. Customs and Border Protection officers working at the Bridge of the Americas cargo facility intercepted 146 pounds of cocaine. The drugs were concealed in a large commercial ice cream maker that was being transported from Mexico to the U.S.

“The vast majority of commercial shipments CBP officers process pose little risk however seizures like this remind us all that drugs can be concealed almost anywhere and that we must remain constantly vigilant,” said acting CBP El Paso Port Director Luis Mejia.

The interception occurred June 19 when a 1995 Ford F-150 pick-up truck hauling a manifested ice cream machine entered the port. CBP officers working at the primary inspection booth selected the vehicle for further inspection. An X-ray scan of the vehicle and commodity revealed anomalies. A CBP canine searched the vehicle and alerted to the equipment in the bed of the pick-up. CBP officers continued their exam and located 56 bundles of cocaine hidden within the walls of the ice cream maker.

The narcotics and vehicle were seized by CBP. The driver, a 43-year-old Mexican man, was turned over to Texas DPS officers to face state charges connected to the failed smuggling attempt.

New Mexico authorities have suspects in 1988 cold case disappearance of teen girl

6/14/2023

ALBUQUERQUE, N.M. (AP) — It’s been almost 35 years since Tara Calico disappeared during a bicycle ride near her home in New Mexico, but authorities announced Tuesday that they have enough evidence now to turn the case over to the district attorney’s office for possible prosecution.

The suspects haven't been named and court records remain sealed. Authorities said they hope to provide more information as the case progresses.

Valencia County Sheriff Denise Vigil and other officials gathered at the courthouse in Los Lunas, about 24 miles (38.6 kilometers) south of Albuquerque, to provide an update in the case, which has become well-known within the law enforcement community and among parents worried about their children biking through the rural county.

The 19-year-old Calico, an avid cyclist, was last seen on a September morning in 1988 bicycling just a couple miles from home. Witnesses reported seeing her riding her bicycle along New Mexico Highway 47, with an older model truck following closely behind her. By the afternoon, when she hadn't returned for lunch, her mother reported her missing.

She vanished along with her bicycle, and was never found.

Despite having limited resources, Vigil said investigators never gave up on the case. Enlisting the help of federal investigators, she said the sheriff's office followed up on many theories, leads and tips that poured in over the years.

Vigil told reporters that Calico's family has suffered long enough and that while her parents are no longer alive, her two sisters and two brothers deserve to see justice.

“The people responsible will soon have to answer to this family and to the community who has never stopped thinking of Tara,” the sheriff said.

The sheriff's office also received help from the Rocky Mountain Information Network, which provides investigative funding and analytical assistance for smaller law enforcement agencies. Officials did not provide any specifics about the evidence that was analyzed or what led to the break in the case.

In 2019, the FBI posted a reward of up to $20,000 for information regarding Calico’s whereabouts, as well as the arrest and conviction of those responsible for her disappearance.

Family and friends have told authorities that Calico was a friendly girl who was both a superior student and athlete. At the time of her disappearance, she was working full time at a local bank and attending college.

Case to be dismissed against only man charged with murder in deadly shootout in New Mexico

6/14/2023

ALBUQUERQUE - Criminal charges will be dismissed against the only person charged with murder in a shooting at a motorcycle rally in a northern New Mexico mountain resort town that killed three men and injured five other people.

A prosecutor said in a filing Monday that the charges against 30-year-old Jacob Castillo of Rio Rancho are being dismissed because of the ongoing investigation into the May 27 shooting in Red River. Prosecutors can refile the charges.

Authorities say the three men who were killed were members of a rival outlaw biker gang and that the the violence stemmed from a previous altercation between involving the Bandidos and Waterdogs gangs in Albuquerque.

The Eighth Judicial District Attorney’s office and Castillo’s attorney, Adam Oakey, didn’t immediately respond late Tuesday afternoon to a request for comment on the dismissal.

Those killed were identified as 26-year-old Anthony Silva of Los Lunas, 46-year-old Damian Breaux of Socorro and 46-year-old Randy Sanchez of Albuquerque.

Experts question prosecutors' strategy against weapons expert in Alec Baldwin case

6/14/2023

FILE - This aerial photo shows the movie set of "Rust," at Bonanza Creek Ranch, Oct. 23, 2021, in Santa Fe, N.M. Prosecutors are accusing the weapons supervisor on the film set where Alec Baldwin shot and killed a cinematographer of drinking and smoking marijuana in the evenings during the filming of “Rust,” saying she was likely hung over when she loaded a live bullet into the revolver that was used by the actor. (AP Photo/Jae C. Hong, File)

ALBUQUERQUE, N.M. (AP) — More than a year and a half after Alex Baldwin shot and killed a cinematographer while rehearsing a scene on set in New Mexico, prosecutors have yet to solve the biggest mystery in the tragic case: How did live rounds get on the set?

Prosecutors said in their latest court filing that they have some evidence to support the theory that weapons expert Hannah Gutierrez-Reed may be responsible for the introduction of the rounds. But they have offered no details, and barring more evidence, they're now basing part of their case against her on the idea that a night of drinking and marijuana use left her incapable of the judgment necessary to ensure the set was safe.

Gutierrez-Reed's attorneys argue that prosecutors are resorting to character assassination, and some legal experts are doubtful it will make for a winning strategy for prosecutors.

Several lawyers who are not involved with the case but have been watching it closely said Wednesday that prosecution statements in response to a defense motion last month seeking to dismiss her involuntary manslaughter charge are vague and would be difficult to prove.

“When you think about how they’ve conducted this investigation since the beginning, it’s almost in step with what they had done before. They need to have more specificity when it comes to that allegation, because it’s kind of serious. To be throwing it out there doesn’t look that good," said Miguel Custodio, a Los Angeles personal injury attorney.

Prosecutors said they have witnesses who will testify that Gutierrez-Reed drank and smoked marijuana in the evenings during the filming of “Rust.” However, the weapons expert was never tested, and it's unclear what evidence prosecutors could present to make the case that she could have been hungover when she loaded a live bullet into the revolver that the actor used.

John Day, a Santa Fe-based criminal defense attorney, noted that prosecutors did not say in the filing that Gutierrez-Reed was impaired but rather used the colloquial term “hungover,” which could mean many things.

“It's one more strange development, but it still doesn’t address — and they’ve said they don’t know — how live rounds got onto the set," Day said. “And they haven’t said specifically anything more about her involvement except that she was the armorer."

A preliminary hearing for Gutierrez-Reed is scheduled in August. A judge is expected to decide then if there’s probable cause for the charge to move forward.

In their filing, the prosecutors said they expected to decide within the next 60 days whether to recharge Baldwin, depending on the results of an analysis of the gun.

The involuntary manslaughter charge faced by Baldwin, who also was a producer on the film, was dismissed in April, with prosecutors citing new evidence and the need for more time to investigate.

Baldwin was pointing a gun at cinematographer Halyna Hutchins during a rehearsal on the set in October 2021 when it went off, killing her and wounding director Joel Souza.

Ted Spaulding, an Atlanta attorney who also is not involved in the case, said that while it would be easier to argue that active impairment leads to negligence, prosecutors can still argue that alcohol and drug use — and being hungover — likely lead to negligence.

“This will come down to whether or not they have credible evidence that an impairment in judgment caused the injury and that the impairment is linked to drug and alcohol use,” Spaulding said. "We see cases all the time where someone has marijuana particulates in their system and argue that it contributed to a wreck or injury, but because Gutierrez-Reed wasn’t tested immediately after the shooting, they have no proof that marijuana was in her system, outside of witness testimony.”

Custodio said the prosecution's insinuation that Gutierrez-Reed was hungover might work in the defense's favor.

“It’s pretty reasonable for the defense to say ‘you’re just bringing this up now, which continues to show this pattern of sloppiness,’” he said. “Prosecutors saying she was ‘probably hungover’ sounds like a very tenuous assumption.”

New Mexico set to roll out $690M in taxpayer rebates after budget surplus

6/13/2023

SANTA FE, N.M. (AP) — New Mexico expects to start distributing $690 million in rebates to eligible taxpayers as early as next week, state officials announced Monday as applications for a separate tax relief program opened.

Any state resident who filed a 2021 state tax return and was not declared as a dependent on someone else’s return will receive their rebates automatically, the New Mexico Taxation and Revenue Department said at a news conference.

Single filers will get $500, while married couples filing jointly will get $1,000.

Stephanie Schardin Clarke, the department's Cabinet secretary, said rebates will be deposited around June 21 into the bank accounts of taxpayers who received a refund by direct deposit on their 2021 return. Everyone else will get a check in the mail, which will be printed and sent out between June 20 and June 29, she said.

New Mexico residents have until May 31, 2024, to file a 2021 return and still qualify for the rebates.

Those who aren't required to file a state tax return because of their income can apply for relief payments on a first-come, first-served basis through the state’s Human Services Department. Applications opened Monday and will be accepted through close of business on June 23.
Gov. Michelle Lujan Grisham announced the tax rebates in April, as a result of a multibillion-dollar surplus in oil income.

At the time, Lujan Grisham noted that prices remain high in a state with elevated poverty rates and low workforce participation, but said New Mexico “is in a fantastic financial position.”

Ex-GOP candidate to remain jailed in connection with drive-bys at lawmakers’ homes

6/12/2023

Solomon Peña - Photo Credit: Bernalillo County Sheriff's Office

ALBUQUERQUE, N.M. (AP) — A judge ruled that a failed GOP political candidate will remain jailed on federal charges that include election interference related to a series of drive-by shootings at the homes of state and local lawmakers in Albuquerque.

In a ruling Friday, U.S. Magistrate Judge B. Paul Briones said he could find no conditions of release for Solomon Peña that would reasonably ensure the safety of the community. The judge also found that Peña is at risk of fleeing from authorities.

Peña lost a 2022 state House race by nearly 50 percentage points but never conceded the race.

“He was frustrated by his election loss, and there’s no indication that this motivation has subsided or will subside,” prosecutor Patrick Cordova told the judge.

Peña had been held in jail on state charges after his arrest in January. He allegedly orchestrated the shootings at the homes of four Democrats, police said, including two who had certified the November election results.

No injuries were reported, though in one case bullets passed through the bedroom of a state senator’s 10-year-old daughter.

The state charges, which included shooting at a dwelling and conspiracy, were dropped June 1 so the federal case against the three defendants could proceed.

Peña has pleaded not guilty to federal charges of interference with federally protected activities and two firearms offenses.

New Mexico State Police officer accused of sexually assaulting a female officer

6/12/2023

LAS VEGAS, N.M. (AP) — A New Mexico State Police officer has been arrested for allegedly sexually assaulting a female officer last year when he was employed by the Grants Police Department, authorities said.

Officials said 30-year-old Isaiah Cheromiah was arrested at the State Police Office in Milan and booked into jail Friday on suspicion of criminal sexual contact and giving alcoholic beverages to a minor.

It was unclear Sunday if Cheromiah had a lawyer yet who could speak on his behalf.

State Police said a 22-year-old woman told officers in Gallup that she was sexually assaulted by another officer.

The woman had been on a two-week New Mexico National Guard deployment in Las Vegas, New Mexico, in July 2022.

She said Cheromiah was with the Grants Police Department at the time.

The woman said she and Cheromiah had been hanging out and drinking together before she was allegedly sexual assaulted while she slept. However, she did not report the alleged incident until last month.

Cheromiah was hired by State Police last November as part of a lateral recruit academy.

After learning of the allegations, State Police placed Cheromiah on administrative leave and began an internal and criminal investigation.

State Police Chief Tim Johnson said in a statement that he was “deeply disturbed” that one of the agency's officers had been arrested over sexual assault allegations, adding, “any breach of public trust is entirely unacceptable.”

New Mexico enjoys revenue windfall, as economists warn of uncertain future

6/9/2023

ALBUQUERQUE, N.M. (AP) — Mind-blowing is how legislative analysts describe New Mexico’s budget numbers, saying during a briefing Thursday that projected revenues have been outpacing previous spending at levels never seen before.

Still, they warned members of the revenue and tax policy committee that some of the one-time funding will dry out, and lawmakers will have to decide whether to continue paying for health care, education and other social programs that have been expanded during the boom.

Staff with the Legislative Finance Committee also reiterated that oil and gas development has been driving New Mexico’s historic numbers, and more still needs to be done to diversify the state’s economy to weather the industry’s volatility as well as prepare for a future when energy markets might shift more toward renewable sources.

“These are historic revenues that we have not ever seen before,” said Charles Sallee, interim director of the Legislative Finance Committee. “It gives us an opportunity to make sure that wherever you decide to spend the money on, that it counts, that it results in something. Government's job is not just to spend money to spend money.”

He talked about increased reserves that allowed the Democratic-led legislature to boost one-time spending on a wide range of projects during the most recent legislative session. Despite some vetoes, Democratic Gov. Michelle Lujan Grisham signed off on a state budget that boosted spending by 14%.

Sallee said his staff would be embarking on another round of forecasts this summer that will look decades down the road at both the possibilities and constraints of increasing spending over the coming years.

Economists with the Legislative Finance Committee also warned that a recession could be on the horizon. They have been monitoring rising inflation and brinkmanship in Washington over the national debt ceiling given New Mexico's heavy reliance on federal funding and bank failures around the country.

Some lawmakers asked about recommendations for potential tax changes that could help help boost economic development and create new revenue streams for the state.

Sen. Ron Griggs, a Republican from Alamogordo, noted that tax revenues from solar and wind development amount to a fraction of what oil and gas brings in. He told fellow lawmakers that continuing production in a way that is environmentally conscious would ensure revenues for decades.

“If we don’t have oil and gas revenues, what happens to New Mexico? I mean you and I can’t afford to suck that up on personal income tax or something so we have to look at that,” he said.
Sallee acknowledged that New Mexico has been blessed with record revenues that have allowed the state to “punch well above our weight” when it comes to spending. Replacing those revenues to maintain spending would mean imposing high taxes on what amounts to a very poor population, he said.

Democratic Sen. Bill Tallman of Albuquerque asked whether lawmakers should be concerned. Sallee said yes, noting that lawmakers will have to consider “that these revenues are not going to be at the same level for the next generation.”

Thousands of New Mexicans will have driver's licenses reinstated under new law

6/9/2023

Photo Credit: Curtis Segarra - KRQE Blogs

ALBUQUERQUE, N.M. (AP) — Thousands of New Mexicans will have their driver’s licenses reinstated under a new law that prevents the state Motor Vehicle Division from suspending the licenses of people who fail to appear in court, or don’t pay speeding tickets or other fines.

State officials confirmed Wednesday about 308,000 licenses that are currently suspended will be affected, and MVD staff are being trained on the new requirements.

“There is a fair amount of system reconfiguration that needs to be done, but we expect to be able to have those suspensions removed by September,” said Charlie Moore, a spokesman for the Taxation and Revenue Department, which oversees the MVD.

The underlying citations that led to the suspensions will still be reflected on driver records, Moore said.

State court officials say the new law that takes effect next week may lead more people to skip out on court hearings or ignore fines, but advocates see it as a positive change.

Monica Ault, state director with the advocacy group Fines & Fees Justice Center, told Albuquerque television station KRQE that suspensions can have a big impact on New Mexicans who rely on driving to get to work or school.

“What these types of license suspensions do is they force an impossible choice: You stop driving and you lose access to work and basic necessities. Or you keep driving, you risk more fines and fees, arrest, and even incarceration,” Ault said.

Research by the center shows that license revocations seem to impact rural New Mexicans more. A survey of 511 residents revealed that those from rural and semi-rural areas were 31% more likely to have their license suspended due to court issues than those from urban areas.

Ault said part of the challenge is that rural residents might not always know they’ve been ordered to come to court because their physical address on their license is often different from their mailing address and they don't receive a notice.

Lawmakers rewrote the rules related to license suspensions earlier this year. Gov. Michelle Lujan Grisham signed the bill March 15.

Barry Massey, a spokesman for the Administrative Office of the Courts, said more drivers respond to the court when they are notified of the potential license suspension than the notice that a bench warrant has been issued.

“Bench warrants tend to drive people away from the courts,” he said. "Now, when a person fails to appear in court, the only option the court has is to issue a bench warrant.”

Ault argues New Mexico’s courts still have other tools to ensure compliance. She noted the new law doesn’t eliminate any debt from unpaid fines, so Ault said that could act as an incentive to comply and pay.