Albuquerque Journal from Albuquerque, New Mexico • Page 16

C2 ALBUQUERQUE JOURNAL 0000 THURSDAY, JUNE 16, 2016 DA forced to drop endangerment charge against mom From PAGE Cl prosecutors plan to refile charges when the complete file is available. Until then, Garcia remains in jail on probation violation charges. She had been sentenced to three years' probation after pleading guilty to a charge of child abuse not resulting in great bodily harm or death when she left a 7-month-old child in a hot car in June 2013. Police said in a criminal complaint that she had left the baby in the car with its father so she could get to an appointment for a mandatory drug test. The father, Juan Flores, told police he thought the baby was with Garcia.

He was also charged in the case. The baby was found in critical condition, according to initial reports. Six months after the hot car incident, Garcia was charged with and pleaded guilty to pos sessing drugs. She was also sentenced to probation in that case. On May 21, police said she was intoxicated when she crashed her car on Mountain Road near the Interstate 25 overpass.

They reported that about 10 a.m. the car swerved into oncoming traffic, hit a curb and then drove up a support wire for a large utility pole. When it was about 15 feet in the air on the wire, the car flipped over. The child was ejected from the vehicle and had been listed in critical condition. Albuquerque police initially treated the case as a traffic fatality, but Espinoza said Wednesday that the child is recovering.

Garcia was taken to a hospital for stitches to her head. Police said in a criminal complaint that while under the influence of pain medi cation at the hospital she told officers she had 30 beers before she drove. She was initially charged with a child endangerment. The state's Children Youth and Families Department spokesman said confidentiality laws prevent him from confirming if workers had contact with Garcia during either of the cases or if the department has worked with her. Albuquerque police spokeswoman Celina Espinoza said Wednesday that lab work on Garcia's blood, taken at the hospital after the crash, is still being processed and paperwork in the crash report is complicated and taking extra time to complete.

Both offices said they are working together to pursue the case, and Sisneros said NEW MEXICO As fire grows, Chilli residents told to leave Department of Finance and Administration to take over supervision of Sun land Park's city government. Gallagher said the city has recovered from those problems and is ending the current fiscal year with about $5 million in cash reserves. third-degree child abuse. Cordero and his girlfriend, Josie Rubio, 28, were previously indicted in early May on 14 counts of child abuse. They were arrested in late April by Dofia Ana County sheriff's detectives.

The abuse is alleged to have happened last year. 15-year-old Is leta Pueblo boy was curled up on the tracks just before 8 a.m. Saturday when a Rail Runner commuter train passed over him at about 62 mph. Spokeswoman Augusta Meyers said the engineer thought he was looking at a pile of debris. She said it is very unusual for a train to run over someone without killing them.

Tribal police don't plan to charge the teen, even though he was trespassing. They are investigating why he was sleeping on the tracks. JOURNAL AND WIRE REPORTS Postal employee gets probation A former U.S. Postal Service employee in Albuquerque has been sentenced to two years of probation for theft of government funds. Prosecutors said Gary J.

Devine, 51, was sentenced Wednesday in federal court in Albuquerque. Devine pleaded guilty in the case three months ago. Prosecutors said Devine admitted that he sold postage stamps to customers and kept the money for himself during a four-day period in late May 2015. At the time, Devine was employed as sales and service associate at a post office in Albuquerque. Boy asleep on tracks injured Authorities say a train passed over teenage boy sleeping on the tracks in central New Mexico, leaving him with only a broken elbow.

KRQE-TV reported that the Suniand Park finances recover SUNLAND PARK Officials of a border city in New Mexico that has had problems with its budget and allegations of government corruption say the community has recovered financially. The Las Cruces Sun-News reported the Sunland Park City Council on Tuesday formally adopted an $8 million budget to operate city government during fiscal year 2017. Acting City Manager Bob Gallagher said the new budget will be the largest the city has ever had. In 2012, amid scandals, Sunland Park faced a $1.8 million budget deficit. Gov.

Susanna Martinez then ordered the New Mexico fighting the fire, but Perea said more crews had been ordered and were arriving throughout the day. The InciWeb Incident Information System, a federal web-site, reported about 11 a.m. Wednesday that two Hotshot crews were on scene, with two more expected to arrive. Additionally, four helicopters, two lead planes and 12 air tankers were assigned to help fight the fire from the air. Ottaviano said airtankers made more than 50 drops of fire retardant, and helicopters were continually dumping water on it Wednesday.

While the plume of smoke from the Dog Head Fire was visible from Albuquerque on Wednesday, the city Environmental Health Department issued an air quality notification that haze from the North Fire was reducing visibility in the metro area. The state Department of Health issued a smoke advisory for central New Mexico and warned that people with heart or lung disease, pregnant women, young children and adults over 65 should avoid outdoor activities when visibility falls to less than three miles. The lightning-caused North Fire is burning in the San Mateo Mountains about 25 miles southwest of Magdalena. About 140 people are working to help manage the fire which is being used for "multiple resource benefits," according to InciWeb. Smoke from the Freeze Fire in southeastern Arizona was expected to reach Albuquerque on Wednesday night, the city Environmental Health Department warned.

Albuquerque can expect "a break from the hazy conditions" Thursday, the department said. From PAGE Cl N.M. 337. Evacuation centers were located in Estancia at the Torrance County Fairgrounds and in Tijeras at Los Vecinos Community Center. The fire broke out Tuesday morning in a section of national forest land in the Manzano Mountains near Tajique.

It remained uncontained late Wednesday, when Gov. Susana Martinez declared a state of emergency. Speaking to about 100 residents gathered in the Torreon Community Center on Wednesday evening, Martinez pledged to provide all available state resources to protect lives from the growing fire that officials said was beginning to threaten some structures. Martinez said those resources could include the National Guard, if needed, to assist local authorities to evacuate people. Officials at the community meeting said they expected the fire to cross over the Chilili Land Grant boundary by this morning, though they also admitted the fire's heavy smoke has made it difficult to assess exactly how far the fire has advanced.

So far, no private property had been damaged by the fire, according to State Forest officials. Perea estimated that the fire had more than tripled in size since Wednesday morning, when officials reported that it had charred 682 acres. By 11 p.m., it was estimated at 2,000 acres. "It's probably more than tripled today," she said Wednesday evening, adding that an exact acreage would be determined Wednesday night with an infrared flight. "We know it's way up." Forest Service spokeswoman Denise 0 ttaviano said late Wednesday night that 30 mph winds rapidly pushed the fire northeast from where it sparked.

By Wednesday morning about 150 personnel were Prolific author found dead at home in Fla. Man charged with abuse of boy, 11 LAS CRUCES A Las Cruces man charged with multiple counts of child abuse is now accused of sexually abusing his girlfriend's 11-year-old son, court records show. A Dolia Ana County grand jury last week returned a superseding indictment against Stephan K. Cordero, 24, charging him with one count of first-degree criminal sexual penetration of a minor and 14 counts of collapsed that morning in the kitchen of their home in Sarasota, Fla. Duncan, the daughter of famed Joseph Ausi.

and Lois Steinmetz, was born in Sarasota DUNCAN and began her writing career at age 13 when her first story was published in a national magazine. Altogether, 48 of her books have Sunday killing of Rael and the shooting of his two sons, who survived, also left two other men with Comitz facing murder charges. The DA's Office said that during the hearing Rael's mother, Sita Rael, told the court that Jason Comitz had destroyed her family. The defendant's mother, Linda Comitz, asked Judge Jaramillo for leniency for her son, who she said "is not a murderer." District Attorney Karl Brandenburg congratulated Formerly olABQ, woman also wrote about daughter's slaying here JOURNAL STAFF REPORT Former Albuquerque resident Lois Duncan, a prolific writer of young adult suspense novels whose most personally written book detailed the unsolved homicide of her own daughter, has died. She was 82.

Duncan's husband, Don Arquette, reported her death Wednesday to her followers on Facebook, saying he found her Drug dispute killer gets life plus Las Cruces mayor comforts Orlando LAS CRUCES Mayor Ken Miyagishima sent a brief letter Monday to his counterpart in Orlando, offering condolences in the wake of this weekend's mass shooting at a gay nightclub there. Miyagishima told Orlando Mayor Buddy Dyer he wanted to offer sympathies to the family and friends of the victims, as well as to that community's residents. "Please let your residents know that we stand with them and denounce these terrible acts of hate and terrorism," he wrote. "I will be asking the members of our city council to donate a pint of blood as an act of solidarity, compassion and love." drive-by," but Duncan never stopped believing that the case was botched and more nefarious motives for the death were to blame. Duncan had moved to Albuquerque in 1962, where she taught at the University of New Mexico's journalism department, later returning to Florida after her daughter's death.

Duncan is survived by her husband, Don; daughters Robin Arquette Burkin and Kerry Arquette; and sons Brett Arquette and Donnie Arquette. 15 years complaint. Comitz started arguing with 43-year-old Paul Rael Sr. over a $30 methamphetamine debt. The woman told police Comitz and the two other men pulled out guns and started firing.

Paul Rael Sr. was hit in the head and killed. Police saw Comitz in Northeast Albuquerque the next morning, and he was arrested, charged with an open count of murder and other charges. Christian Bale and Wes Studi will star in the film, "Hostiles," set to begin production this summer in New Mexico. assault on public resources.

Perry who also made modest personal contributions this year to Democratic candidates for district attorney and state representative in Santa Fe-area races represents mineral owners in negotiating their oil, gas and uranium leases, and then audits royalty payments and tracks the performance of the lease covenants. 4 LA t-, Police shooting suit can continue in court been published, ranging from "Hotel for Dogs" for children to "I Know What You Did Last Summer," a suspense novel for young adults. Many of her novels were turned into films. But the book she said was her most important was "Who Killed My Daughter?" the story of her search for the truth behind the shooting death of her youngest child, Kaitlyn Arquette, 18, who was shot twice in the head as she drove home on Lomas NE the night of July 16, 1989. Albuquerque police dubbed the shooting a "random her prosecution team for its work in this case.

Police reported that they were called to the 2300 block of Rice NW just before 9 p.m. on Feb. 1, 2015, and found Rael lying on his family's living room floor, shot in the head. He died at the University of New Mexico Hospital. Rael's wife told police the family heard a knock on the door and one of her sons Paul Rael Jr.

answered it. A man named Jason Comitz, 38, was at the door with two other men, according to a criminal also star Rosamund Pike, Jesse Plemons and Rory Cochrane. The production is looking for Native American men, women and children of all ages and Native American horse riders. These are paid positions. Those interested can stop by between 3 and 7 p.m.

to get a photo taken and meet with the extras casting director. Gabel has been the casting agent for New Mexico projects such as "Lone Survivor," "The Lone Ranger," and "Sicaria" that allowing public access to streams on private property could disturb or destroy riparian habitat improvements that landowners had made significant investments in. Opponents objected that the bill was vague and perhaps unconstitutional, that courts should decide the critical question of whether stream-beds are public, and that the bill was part of a broader 2015 slaying resulted from argument about $30 debt in meth deal JOURNAL STAFF REPORT Jason Comitz, recently convicted of murdering Paul Rael Sr. last year in a dispute over a $30 methamphetamine debt, was sentenced Wednesday by Judge Cristina Jaramillo to life in prison plus 15 years. The 2nd Judicial District Attorney's Office, in a news release, said the Super Bowl Film seeks BY ADRIAN GOMEZ JOURNAL ARTS EDITOR New Mexico has grabbed another Western.

According to Elizabeth Gabel Casting, there will be a casting call next week at the Southwestern Indian Polytechnic Institute, 9169 Coors NW, for the major feature film "Hostiles." The casting call will take place from 3 to 7 p.m. June 24 at the Science and Technology Auditorium. Native American extras, riders Journal staff writer Nicole Perez contributed to this report. fled by their initials, filed a lawsuit against the city in 2014 seeking damages for loss of consortium. The city filed a motion to dismiss, citing four reasons the plaintiffs didn't comply with Tort Claims Act rules.

Second Judicial District Judge Denise Barela-Shep herd dismissed the complaint based on one of those reasons. New Mexico Court of Appeals Court Judge Michael Bustamante wrote in the opinion that the district court judge erred when she dismissed the complaint because the children did not suffer a battery. Kennedy said the city is continuing to fight DOJ's findings by trying to get the lawsuit thrown out. "The city is still turning their backs on people who were harmed by the excessive use of force by officers," she said. Hernandez said a settlement agreement that aims to address the DOJ findings allowed the city to move forward with reforms without admitting to guilt in individual cases outlined by the Justice Department.

She said all lawsuits brought against the city are evaluated on a case-by-case basis. "The city made the decision to move forward with reforms rather than to litigate whether or not to reform," she said. An Albuquerque police spokeswoman said an internal affairs investigation was completed in 2013 and no discipline was passed down. From PAGE Cl Owings, 26, parked his car right next to the stolen car and a passenger got out and started getting into the stolen car. Sanchez, a plainclothes detective, and officers in unmarked police cars surrounded Owings, who was unarmed.

He backed into a police vehicle and then crashed into parked cars to try to escape when he was shot. He lost consciousness and crashed the vehicle after the shooting and died at the scene. The DOJ in April 2014 letter announced Albuquerque police had a pattern of excessive force that included police shootings. The letter said in many cases, including the Owings incident, the officers' own recklessness led to unlawful shootings. "Owings did not pose a threat of death or serious physical injury to the officer or anyone else; he was driving straight into unoccupied, parked cars when he was shot.

This damage to property, as serious as it was, did not justify taking Owings' life," the DOJ wrote. The DOJ's letter brought to light details of the shooting police had never released, including the fact that there was surveillance video of the incident, said Shannon Kennedy, an Albuquerque attorney representing the children. The children, only identi The production, starring Christian Bale and Wes Stu-di, is the story of a legendary Army captain who reluctantly agrees to escort a Cheyenne chief and his family through dangerous territory. It will be shooting in the Santa Fe area from mid-July through November and is directed by Scott Cooper, director of the Oscar-winning "Crazy Heart" and "Black Mass." According to the Internet Movie Database, the film will to contribute to Democrats, according to Perry and Gonzales. "We want to support those legislators who support us," Perry said.

No House Democrats voted for the 2015 legislation, but it was sponsored by Democratic Sen. Richard Martinez of Espaliola, and 15 Senate Democrats voted for it. The bill's backers argued New political initiative donates S5KK tt AAss From PAGE Cl rently registered with the Secretary of State's Office as a nonprofit corporation, and is filing with the Internal Revenue Service for tax-exempt 501(c)(4) status, which would allow it to engage in some political activity. Although its first round of contributions went to Republicans, the group also intends.