Stephen D Aarons, Attorney at Law | Aarons Law PC | New Mexico Criminal Defense Attorney

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  • Ex-teacher in Ojo Caliente convicted of sexual contact of minor

    A Rio Arriba County jury convicted a former high school teacher of two counts of sexual contact of a minor and five counts of sexual penetration of a minor Thursday following a single-day trial in Tierra Amarilla.

    Miguel G. Garcia worked at Mesa Vista High School in Ojo Caliente from 2008-15, according to the Rio Grande Sun newspaper.

    If sentenced to the maximum on each of the counts, Garcia faces 10½ years in prison.

    “Our office worked diligently to secure multiple felony convictions against this predator and combating sexual violence against children will continue to be our priority,” state District Attorney Marco Serna said in an email Thursday.

    Garcia’s attorney did not respond to an email seeking comment.

    Garcia, 37, of Española, was accused in 2015 of sexually assaulting his victim — a girl between the ages of 13 and 18 — between 2012 and 2013, according to court records.

    Garcia was charged with two other counts of child solicitation by electronic communication device, but those charges were severed from the case.

    Correction: An early version of this story incorrectly reported that two counts of child solicitation by electronic communication device were dropped. The counts were not dropped, but rather severed from the case.

    New Mexican (c) reprinted with permission

  • Bill to allow petitions to judges to expunge criminal records clears Senate

    By Milan Simonich, Santa Fe New Mexican

    Committing a crime might be easy enough. Getting a criminal record expunged in New Mexico is more difficult than almost anywhere in the West.

    Now that is close to changing. The New Mexico Senate on Wednesday voted 28-13 for a bill clearing the way for both the wrongly accused — and those who committed certain crimes — to petition a court for expunction of those records.

    The proposal, House Bill 370, probably would be most important to people convicted of drug offenses or lower-level property crimes.

    But even they would have no guarantees. They would have to serve all their prison time, successfully complete their parole, then wait a prescribed number of years before they even could apply.

    After that, a judge could still deny their request.

    Convicted criminals in an array of cases would not be eligible to try to expunge their record.

    Excluded are those convicted of crimes causing death or great bodily harm; those who committed sex crimes or crimes against children; drunken drivers and embezzlers.

    Still, Sen. Craig Brandt, R-Rio Rancho, said he voted against the bill on grounds that someone convicted of first-degree felonies, such as two armed robberies, could still try to expunge his record.

    Brandt said this was particularly offensive to him because of all the emphasis on gun crimes during this legislative session.

    Paul Haidle, an attorney and senior policy strategist for the ACLU of New Mexico, said in an interview the odds of an armed robber qualifying to erase his criminal history would be minuscule.

    Haidle, who supports the bill, said the robber first would have to have a clean record for at least 28 years, and be able to show that he had caused no bodily harm. Even then, the robber would still be at the mercy of a judge.

    “In theory it’s possible for people convicted of first-degree felonies to apply, but I think it would be a remarkably small number,” Haidle said.

    The Legislature in the last seven years twice approved bills allowing for expunction of some criminal records, but then-Gov. Susana Martinez vetoed each of them.

    Martinez was a career prosecutor before her election as governor, and she had warred with then-Senate Majority Leader Michael Sanchez, D-Belen, sponsor of both those bills.

    With Michelle Lujan Grisham now in the governor’s office, advocates of HB 370 hope the measure has a chance of becoming law.

    The bill is sponsored by Democratic Reps. Antonio “Moe” Maestas of Albuquerque and Andrea Romero of Santa Fe.

    Because senators amended the bill, it will have to go back to the House of Representatives for concurrence. If House members agree with the changes, the bill would advance to Lujan Grisham for her consideration.

    Espanola Expungement Attorney

  • Senate amends, passes expungement bill

    SANTA FE – Legislation that would allow New Mexicans to seek court approval to wipe an arrest or conviction from their records cleared the state Senate on Wednesday and how heads back to the House.

    The proposal, House Bill 370, passed 28-13.

    It would allow expungement of criminal records in certain circumstances.

    For instance, individuals convicted of murder, sexual offenses or crimes involving a child would not be able to petition a judge to have their records expunged.

    In addition, those eligible for having their records removed from public view would still have to wait for a set time period after being convicted of a crime before going to the court – with the time period depending on the seriousness of the crime.

    “You have to pay your debt to society, and then we can talk about expungement,” said Sen. Bill O’Neill, D-Albuquerque, who sponsored the bill in the Senate.

    He also said prosecutors and police would still have access to the records.

    But critics expressed concern that some first-degree felonies – including kidnapping – could be eligible for expungement under the legislation.

    “I think that’s going too far,” said Sen. Craig Brandt, R-Rio Rancho.

    Some previous expungement measures would not have allowed individuals convicted of felony charges to seek to have their records wiped clean, including one that was vetoed in 2012 by former Gov. Susana Martinez, a Republican.

    The legislation approved Wednesday has already been passed by the House, but senators amended the legislation, so it will go back to the House for further review.

    State lawmakers on Wednesday also agreed to send to the governor a pair of bills aimed at overhauling parts of New Mexico’s criminal justice system.

    The bipartisan proposals, House Bills 342 and 564, would allow for an expansion of a pre-prosecution diversion program for nonviolent offenders – aimed at unclogging the court system – and revise the probation and parole system, among other changes.

    The House agreed to changes made by the Senate on both bills, allowing them to move on to Gov. Michelle Lujan Grisham’s desk for final approval.

     

    Taos Expungement Lawyer

  • Bill to expunge criminal records moves forward in Santa Fe

    ALBUQUERQUE, N.M.- House Bill 370, which would give people the chance to clear their criminal record, is moving forward in the legislature.

    It passed the full House in February and passed its first committee in the Senate Tuesday.

    Rep. Antonio “Moe” Maestas is sponsoring the bill.

    He said it would give people who are convicted of a misdemeanor or non-violent felony the change to have their criminal record erased after they serve their sentence.

    It would also apply to identity theft cases.

    “So, when you’re eligible, you can petition the court, obviously a lot of horrible crimes you’re ineligible, but you can petition the court and take these off court websites and make them unavailable for the public,” Maestas said. “They’re still available to law enforcement and they’re still available if those federal background checks or state required background checks require an extensive background.”

    Depending on the crime, people could face a waiting period before they could petition the court.

    The decision to expunge a person’s record would ultimately be up to a judge.

    Maestas believes it would be easier for someone to find a job or get housing if their criminal record is cleared.

    “If you got arrested in your early 20s, and you’re applying for a big, real job in your 40s, you have to explain it, that’s not who you are,” Maestas said. “Over the course of 10 or 20 years, you can expunge those arrest records which remain on your record and have a fresh start for employment”

    However, Terri Cole, president and CEO of the Greater Albuquerque Chamber of Commerce, said the bill means employers wouldn’t have the full picture of who they’re hiring.

    “The bill would wipe out the criminal histories of not only some non-violent offenders but some serious offenders and that is a big problem for business,” Cole sale.

    She believes an employer should be able to know all the facts about an applicant’s history, including any criminal record.

    “Business has to be able to understand the criminal histories of people they are hiring because those some people will be interacting with their clients, with their employees, with their customers, so they have a right to know who they’re hiring and what those criminal histories look like,” Cole said.

    The bill is now set to be heard in the Senate Judiciary Committee. If it passes, it will head to the Senate floor for a vote.

    Track this bill during the legislative session

    New Mexico Expungement Lawyer

    Albuquerque Expungement Lawyer

     

  • Criminal Record Expungement Act heads to Senate with bipartisan support

    A bill that allows people to get an arrest or conviction taken off their record is making its way through the legislature. The Criminal Record Expungement Act is gathering a lot of support with Republicans as well as Democrats.

    House Bill 370 is sponsored by Albuquerque Democrat Antonio “Moe” Maestas and it allows people who have completed their sentence to petition the court and get their permission to have their record expunged.

    He says the bill allows people to move on with their lives and get a second chance. Maestas says it’s especially beneficial when people are applying for jobs.

    “You’re in your 40s and you got arrested when you were 19, that would not show up if it’s expunged. It’s an economic development tool for folks to get better jobs as well as better safety,” said Maestas.

    Prosecutors and police would still have access to the records but they would be removed from public view. Some offenses wouldn’t be eligible for expungements such as homicide, sex crimes, crimes against children, great bodily harm, DWI or embezzlement.

    However, critics say people shouldn’t have the right to hide their past from the public especially employers. Rep. Maestas says if this is passed, New Mexico will be one of the last states in the country to pass this type of law.

  • Teen once charged in Santa Fe shooting death arrested in new case

       A 17-year-old Santa Fe boy who prosecutors maintain was involved in the slaying of a Michigan man in September, despite dropping a murder charge against him, has been arrested in a new shooting case, authorities say.

       Zachary Gutierrez was arrested by Santa Fe police Feb. 12, following a report three days earlier of shots fired near Alto Park and a subsequent high-speed chase with a white Dodge Charger, according to a search warrant affidavit.

       No one was harmed in the Feb. 9 incident in which police believe Gutierrez fired a handgun, ran from the Charger when they arrived at the scene and then fled in a blue pickup, according to the affidavit. A 19-year-old man who drove away in the Charger and led police on a chase was arrested a short time later.

       Police arrived at Gutierrez’s home with the warrant and followed him and a young woman they suspect was the getaway driver of the pickup to a gas station on Airport Road, where they were both taken into custody.

       In October, Gutierrez was arrested and charged in the killing of Richard Milan, 64, who was shot while walking his dog near the intersection of Airport Road and Lucia Lane on the night of Sept. 26. Milan and his wife had been their way home to Kalamazoo, Mich., following a trip to California, when they stopped to see family in Santa Fe. According to police, Milan encountered a group of teens and exchanged words with Gutierrez.

    Milan was shot twice and died.

       Police said at the time that Gutierrez, who had an extensive history of encounters with law enforcement, was believed to have started the altercation with Milan and stood over him, laughing, after shooting him. The teens then fled.

       However, in late November, District Attorney Marco Serna dismissed the murder charge against Gutierrez, saying that his office did not have enough time to present the case to a grand jury before a mid-December deadline. In early November, Serna told The New Mexican the pursuit of an indictment against Gutierrez had to be postponed because his office was reviewing new information.

       Gutierrez’s attorney at the time, Stephen Aarons, said he had given prosecutors an eyewitness video that showed the teen was a bystander and not the shooter.

       The District Attorney’s Office said Wednesday in a statement that Gutierrez remained in custody and was still considered connected to Milan’s killing. The office declined to provide details.

       “My office is working to keep the juvenile defendant in custody and to protect the safety of residents, however, given the active and ongoing nature of the Richard Milan murder investigation and the alleged involvement of a juvenile defendant, it would be inappropriate to comment any further at this time,” Serna said.

       The driver of the Charger in the Feb. 9 incident, Nathaniel Bueno-Diaz, was charged with fleeing from a law enforcement officer, leaving the scene of a car accident, possession of a firearm by a felon and tampering with evidence, according to a criminal complaint. Police said he led them on an extensive chase, ran red lights, drove into oncoming traffic and hit two vehicles.

       The search warrant affidavit, filed in District Court on Friday, said Bueno-Diaz told investigators after his arrest that Gutierrez was his cousin and that the two had been trying to buy drugs when he saw Gutierrez fire several rounds from a Glock handgun with an extended magazine.

       Bueno-Diaz said Gutierrez had attacked and stolen the gun from another man earlier that day. Bueno-Diaz told police that when officers pulled them over, Gutierrez pointed the Glock at him and told him to flee. Police said Bueno-Diaz threw a second handgun from his vehicle during the chase that ensued. That handgun has not been found, according to the affidavit.

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  • Court questions appeal in Fabian Gonzales case

    BY KATY BARNITZ / JOURNAL STAFF WRITER
    Court questions appeal in Fabian Gonzales case

    Fabian Gonzales sits with his attorney, Stephen Aarons, left, and his former lawyer, Tom Clark, right, at a hearing in District Court in September. (Adolphe Pierre-Louis/Journal)

    ALBUQUERQUE, N.M. — The state Court of Appeals is asking the District Attorney’s Office to explain whether its appeal in the Fabian Gonzales case should be dismissed as moot following his cousin’s no contest plea.

    Gonzales, along with his cousin Jessica Kelley, are defendants in a case centered on the death of 10-year-old Victoria Martens. In an agreement last month with the DA’s Office, Kelley pleaded no contest to reckless child abuse resulting in death, tampering with evidence and aggravated assault. She also promised to testify against Gonzales.

    Prosecutors in September appealed Judge Charles Brown’s decision to exclude statements Jessica Kelley made in jail, along with evidence of her drug use and prior convictions.

    Gonzales had been set for trial in mid-October, but the appeal put his case on hold indefinitely.

    In an order filed last Thursday, the Court of Appeals noted that Kelley’s plea agreement and availability to testify may have rendered moot the argument asserted in the appeal.

    A spokesman for the DA’s Office said prosecutors will file a response in coming days.

    Gonzales’ attorney Stephen Aarons filed a response asking the court to dismiss the appeal and send the case back to the District Court for trial.

  • Probation for father, son in rape case

    A father and son accused of jointly raping a 15-year-old girl at a Fiesta de Santa Fe party in 2015 pleaded no contest Monday to conspiring to sexually assault the girl and threatening to harm her if she went to police.

    The plea was part of an agreement with the District Attorney’s Office that calls for both men to be placed on probation.

    Prosecutors dismissed eight counts of criminal sexual penetration and two counts of criminal sexual contact against 44-year-old Charles Galvan and six counts of criminal sexual penetration against his 23-year-old son, Carlito Quintana Speas.

    District Judge T. Glenn Ellington sentenced Galvan to three years probation after accepting his plea. He sentenced Quintana Speas, who has been serving time on a federal bank robbery conviction while this case was pending, to five years probation.

    The charges to which the men entered pleas exposed each to as many as six years in prison, but their suspended sentences in favor of probation were part of the deal agreed to by prosecutors.

    The state also agreed not to apply a one-year habitual offender enhancement against Galvan, who was convicted in the past of heroin trafficking, child abuse and aggravated fleeing of a police officer.

    The two men were charged with raping the girl, who does not live in New Mexico, after she told school officials that during a visit to Santa Fe in September 2015 she had encountered Quintana at a party where she took part in using drugs and drinking, then went with him to the home of one of his relatives, where Quintana Speas shared a room with his father.

    The girl said she and Quintana Speas got in bed and were joined by Galvan, after which the two men sexually assaulted her.

    The girl told the men on several occasions to stop, according to an arrest affidavit. Police say the men later threatened to kill her if she told anyone about the incident. The teenager told family members about the incident during the ensuing days and months but it wasn’t until March 2016, after she told authorities at her school about the incident, that the matter was reported to Santa Fe police.

    Ellington said when sentencing the men Monday that the state was “getting as much as it can” in the case, which he said had been “a mess since the beginning,” with many discovery issues and the state having difficulty even arranging for the defendants to be brought to court hearings.

    Asked by the judge why the deal was a good one for the state, Assistant District Attorney Martin Maxwell said the accuser has a high risk pregnancy and was concerned about having to testify at trial.

    Maxwell said the state was also concerned about the age of the case. It had been pending for more than three years and Quintana Speas had filed a motion to dismiss for lack of a speedy trial.

    Asked to comment following the hearing, District Attorney Marco Serna said in an email: “We must always remember that victims of sexual assault and violence endure unimaginable pain and anguish and… may not want to participate in the prosecution process.

    Although we have had constant communication with the victim’s family, we have recently lost contact with the victim who showed indications of hesitation in November of last year. Rather than gamble on the small chance we’d be able to find the victim to testify, we ensured that these two individuals are convicted felons.”

    When the men were asked if they wanted to say anything in court Monday, Quintana Speas declined, but Galvan spoke.

    “I’m already almost 45 and I’ve never been convicted of no violent crime,” Galvan said, adding he was not a danger to the community and that, if he was, he already would have been convicted of a violent crime by now.

    “This is an unlucky and unfortunate situation… let’s leave it at that,” Galvan said.

    Ellington responded that Galvan was “hardly a model citizen.”

    “I’ve had to revoke your conditions of release on a couple of occasions,” Ellington said, adding that Galvan had been charged with “many violent things” in the past but was simply lucky he’d never been convicted of them.

    The judge said the state was in “an untenable position” trying to prosecute this case with its many evidence problems including intimidation of the witness which, the judge said, he couldn’t be sure hadn’t continued while the case was pending.

  • Judge will not reconsider sentence for woman who killed 2 in DWI crash

    SANDOVAL CO., N.M.- Judge Louis McDonald denied a motion by the district attorney’s office to reconsider the three-year sentence for Christie Noriega.

    She received the sentence after the judge expressed concerns about whether the department of corrections could treat Noriega’s liver disease.

    Noriega’s attorney said the back-and-forth about the sentencing has made for a tough week for his client. “She is very relieved that the court stuck with its original decision. She accepts responsibility for what happened and will now begin her prison term,” said attorney Steve Aarons.

    Noriega pleaded guilty to two counts of homicide by vehicle and aggravated DWI.

    Michael Chambellan and Lonnie Escovedo were killed in the crash on I-25 near Algodones.

    Noriega faced up to 30 years in prison for the crimes.

     

    by Hoshua Panas, copyright 2019 by KOB. Reprinted with Permission