'Neighbors are gone': New Mexico community shaken as dozens 'forcibly disappeared' by ICE

In the first week of March, U.S. Immigration and Customs Enforcement says it arrested four dozen New Mexico residents as part of immigration raids in Albuquerque, Santa Fe and Roswell.

Now those people are unaccounted for, according to an American Civil Liberties Union of New Mexico civil rights complaint filed Sunday, which alleges all 48 “have been forcibly disappeared.”

“What we know is people in our community are gone, workers are gone, family members are gone, our neighbors are gone,” said Marcela Díaz, founding executive director of Somos un Pueblo Unido.

According to ICE’s own announcement, it arrested most of those people not for criminal convictions, but for violations of civil immigration law, such as illegal entry or re-entry after deportation. Díaz said Albuquerque, Santa Fe and Roswell’s mayors told members of her organization that they didn’t know the arrests would happen, and that ICE had assured them they would only be going after people with criminal convictions.

According to the complaint filed with the U.S. Department of Homeland Security’s Office for Civil Rights and Civil Liberties and the Office of the Immigration Detention Ombudsman, ICE hasn’t identified any of the 48 people they arrested, nor indicated where or in what conditions they’re being detained, whether they have access to attorneys or which agency is holding them.

“We don’t know what’s happened to these four dozen New Mexicans. They’ve effectively disappeared. They’re gone,” said Becca Sheff, senior staff attorney with the American Civil Liberties Union of New Mexico, during a Monday news conference at the New Mexico Legislature.

The complaint states that neither ACLU-NM nor any other legal service providers have made contact with any of the people arrested. ICE’s online detainee locator only allows people to be located by their names, dates of birth, countries of origin or numbers assigned to them by DHS, it states.

Attorneys who help people held New Mexico’s three ICE detention facilities – the Otero County Processing Center, the Cibola County Correctional Center and the Torrance County Detention Facility – are typically only able to conduct pre-representation or representation legal visits with detainees if they are able to identify them beforehand, the complaint states.

The complaint also notes that arbitrary and enforced disappearance is unlawful under the U.S. Constitution and international human rights law.

“No one here in New Mexico should have to live with this kind of fear that they or their loved ones could be picked up and effectively disappeared,” Sheff said.

The complaint calls on the civil rights and detention ombudsman offices to investigate, ensure the disappeared people’s physical and psychological well-being, ensure no retaliation occurs against them for the complaint’s submission and “pursue accountability for all personnel and contractors” involved.

“We are alarmed and disturbed that these four dozen New Mexican individuals remain unidentified and that insufficient transparency, oversight, and accountability has taken place to date regarding their whereabouts and wellbeing,” the complaint states.

Sheff told reporters on Monday the offices with which the ACLU filed the complaint have their own authority under the law separate from ICE, and she had not yet received confirmation that they have received the complaint.

The Trump administration is developing Fort Bliss in El Paso, Texas, into a “deportation hub” and considering Kirtland Air Force Base in Albuquerque as a possible military detention site for undocumented immigrants, the New York Times reported on Feb. 21. New Mexico’s all Democratic congressional delegation on March 5 wrote a letter to Trump and Department of Defense Secretary Pete Hegseth objecting to the plans.

When Edwin Jesus Garcia Castillo, a fellow with the New Mexico Dream Team, was detained in the Torrance detention center in 2019 and in 2024, he said his family didn’t know where he was or what was happening and the guards denied him access to a phone to call them or a lawyer.

“I saw how these places tear you down, physically and mentally,” he said at the news conference. “These places are inhumane places, they’re really cruel places.”

“These places are inhumane places, they’re really cruel places,” said Edwin Jesus Garcia Castillo, a fellow with the New Mexico Dream Team who was detained in the Torrance detention center in 2019 and in 2024. (Photo by Austin Fisher / Source NM)

Two immigration bills still pending

The arrests and the complaint come as the New Mexico Legislature debates two legislative proposals that would limit state and local collaboration with federal immigration enforcement and detention.

Garcia Castillo encouraged lawmakers to pass one of them, House Bill 9, saying “it will save lives.”

For immigrant New Mexicans to feel safe calling and interacting with state or local police, they cannot be perceived to be involved with enforcement of federal immigration law, said Gabriela Ibañez Guzmán, staff attorney at Somos un Pueblo Unido.

“There must be a clear and distinct line between who is enforcing federal immigration law and who is in our community to keep us safe,” she said.

Senate Bill 250 would ensure that distinction by prohibiting local and state jurisdictions from using public funds; personnel time; property and office space; or equipment to help federal agencies enforce immigration law, Ibañez Guzmán said.

New Mexico Immigrant Law Center Director of Policy and Coalition Building Jessica Martinez said any reduction in the number of ICE detention beds in New Mexico would make communities safer, because research shows ICE is more likely to conduct raids and make arrests closer to where they have existing detention beds.

With a decrease in border crossings, she said, ICE will fill detention centers by separating immigrants from within the U.S. from their families.

Martinez said HB9 and SB250 complement each other and are “critical” to ensure immigrants’ safety in New Mexico.

Less than one week remains for lawmakers to pass bills and send them to Gov. Michelle Lujan Grisham, who would need to sign them into law. Díaz said people need state lawmakers, and state and local agencies, to step up.

“We’ve seen a lot of good bills already die,” Martinez said. “Ours are still standing because we are organized and time is of the essence.”

At the news conference, New Mexico Conference of Catholic Bishops Executive Director Allen Sánchez called on the New Mexico Senate to pass both bills, and cited a letter by Pope Francis from last month about the dignity of every human being, and Jesus Christ’s identity as an immigrant.

“Some votes — and not all votes, but some votes — follow you to the gates of heaven, and these are one of them,” Sánchez said.

‘Choose what to do with your pain’: Gun violence victim returns to reclaim his narrative

Jacob Johns was among a group of people who prevented Ryan Martinez from reaching elders and children gathered just outside the doors leading to the Rio Arriba County Commission chambers in Española on Sept. 28, 2023.

Martinez, carrying a concealed 9mm handgun, repeatedly tried to rush into an area where around 50 people were peacefully celebrating county officials’ decision to postpone resurrecting a statue of genocidal Spanish conquistador Juan de Oñate.

Martinez shot Johns, a Hopi, Akimel O’odham activist from Washington, in the chest. Martinez then allegedly turned the gun on Malaya Peixinho, but the gun jammed, and he fled the scene.

Martinez is being prosecuted for trying to murder Johns and assaulting Peixinho. State prosecutors have also added a hate crime enhancement and a firearm enhancement to the charges against him.

Last week and over the weekend, Johns returned to Northern New Mexico to put on a free art show including depictions of the incident and Martinez himself called “ Forward Movement.”

The following interview with Johns, conducted at the show’s venue El Museo in Santa Fe, has been edited for clarity. You can also listen to the full audio from the interview here:

Austin Fisher: Why are you back here in New Mexico?

Jacob Johns: I’m back here to do these shows. I had a lot of time with the folks who witnessed what took place on September 28, and a lot of the community members were really broken up and hurt about what took place.

It brought up a lot of intergenerational trauma, seeing that violence there that morning really picked a scab on the consciousness of the local community. I think that was really, really impactful for them and not in the best way. The community deserves to be healed.

It’s a weird sensation, because I was killed. I died. I don’t really know how — I mean, I play it off nonchalantly, but coming back in here and to have everybody tell me their version of what they saw and what they witnessed that day, it gives weight to what took place.

I wanted to come back and really try to find some closure, try to find a way to move on.

I do a lot of other things besides being a gun violence victim. People should know that despite oppressive forces trying to stop evolution and progression, these systems of control and these oppressive mentalities are dying, they are going extinct.

We’re starting to see the death rattle of these systems all over the world, as right-wing fascist dictators try to take power across the globe. We understand these are the death rattles; as the old world dies, a new one is created.

Jacob Johns’ painting depicting the moment witnesses stopped the gunshot wound in his chest from bleeding. (Photo by Austin Fisher / Source NM)

I spent some time dead, and on the other side, I met a council of spirits who basically went over my entire life, everything I had done up to that point.

I was asking to come back into the body, I wanted to continue to be a father to my then 11-year old-daughter, it was very important for me to come back in and continue to be her father and play that role for her.

I had to go over all these different examples of times I had chosen service to others versus service to myself, and bring up these examples throughout my entire life to the council as a way to come back into this body.

They told me I would be able to, but it would be difficult, and they gave me a brand new list of things I needed to accomplish in order to fulfill my contract.

So I agreed to do it, and then came back into my body. They told me it wasn’t gonna be easy and it wasn’t going to be a smooth trip. I had to learn how to eat again and to walk again, go to the bathroom again. I mean, none of my insides, none of my muscles were working the same way. But I did, and I came back.

I do a lot of international climate work. I organized a delegation of Indigenous wisdom keepers and activists around the world who co-develop contemporary climate policy that we advance under the umbrella of the UNFCCC (United Nations Framework Convention on Climate Change). This was one of the things I had to continue to do.

After dying and coming back, it really gives you a new perspective on where we’re at, because I was instructed on the spirit side to do all these things, but more importantly, they put me back into frequency or dimension or version of reality that is of the highest frequency.

As we go into the future, and looking at all these detrimental things that are happening with the ecosystems collapsing and the rise of fascism in this world, it’s important for us to remember this is the highest vibration, and every single moment we co-create together defines the future.

If the future itself is unwritten, it’s waiting to be co-created. But there is a version of the future that is healthy, just and livable, and we all emanate from that space. We’re just trying to work backwards from our future self.

So with that mentality of, “Alright, well, we’re gonna heal, we’re going to get over it, go through it,” they asked me to come back. I’m a little nervous about coming back to New Mexico, obviously (laughs).

I had a show in San Jose before I came here. I drove over and dropped my daughter and my partner off at the airport in Vegas, they flew back. My kid’s mom didn’t want me to bring my daughter — which was valid — so I drove over and I made stops, I stopped at my village (Moenkopi, or “Mountain Spring”), I went through Hopi, and then I made a pilgrimage to Chaco Canyon. I went down to see a medicine man in Jemez (Pueblo) and then came down.

The whole point was for me to come here and re-tell everybody that despite the evils around us, and these oppressive systems are born out of colonialism and capitalism, we still are here, and we still survive, and more importantly, we are walking together in this beautiful frequency that was given to us by creation.

It’s easy for us to blow it off nonchalantly, like it was an “attempted” death, but from my perspective, I did die, and I had to come back in. Letting everybody know I’m OK, we will survive, we will overcome, and the whole point for us to go there on September 28, was to stop them from reinstalling that statue, and we were successful.

So despite the aftermath and everything that took place, the community should celebrate this as a win. More importantly, this should be a model for other communities who are fighting similar fights around the country: we will overcome, these systems of oppression will be subdued, and a new paradigm will be born out of our connection.

AF: Can you describe the art related to the incident we’re sitting near today? What has it been like to paint these images from that day?

JJ: I was constantly bombarded by strangers, people who I barely know, coming up to me, saying, “Hey, I heard you died,” casually. Me standing at the urinal in the bathroom and somebody said, “Hey, did you get shot in the chest?” Sure, let’s just casually talk about it here. (laughs)

The U.S. Climate Action Network is who I was here with. They’re a node of the International Climate Network, which has nodes in countries around the world. They sent an email out to the international community to send prayers. So when I went to Dubai for the COP28, strangers from the international community were coming up to me and talking to me about it. So I was offended, often. I was like, “We can talk about anything else, like, we’re not here to discuss that. We’re in Dubai.”

It sort of desensitized me to the whole thing, because people constantly want to talk to me about it. It feels like a big pimple underneath your skin, that might turn into a cyst. It’s this massive thing inside of you, and you just want it out.

As somebody who paints — I paint a lot — I needed to get it out. The images were everywhere. You Google my name, and there’s all this stuff. I wanted to take it back. This shouldn’t be this shouldn’t be something to be glorified. This should be reclaimed for what it really is. It was violence. It was ongoing white supremacy.

The idea of being able to take that power back, taking the weight away from victimization back into something creative, something pro-freedom, and the idea of being able to commodify violence in a way that brings healing is a very unique experience.

Painting my body laying on the ground, with so many hands on top of my chest, was beyond anything. When I see it, I remember it, I remember the feeling, I remember the sensation, I remember the immediate reaction of the crowd.

The people in New Mexico know what solidarity is. I’m not as tough. It’s something very rare in this world. That sense of community and that sense of prayer was really, really powerful.

You have to be able to take that somehow and get it out. We talk about all these things out there, but we have to be able to take these conceptual things and these emotions, these pains, and take them out of the ether and put them into our shared reality so we can say, “There it is. That’s what it is.” And walk away from it.

AF: Have you walked away from it yet, or are you still in that process?

JJ: (laughs) I don’t know if I’ve walked away from it. I’m here and the community here really needs some healing. That’s really what I came back for.

They wanted to bring me back for a certain reason. This is all an effort from those folks who witnessed what took place that day. This is a massive production. Just even getting down here as a whole thing. We’ve got teams of people doing so many things, just to celebrate this return.

It’s strange for me to be in the center of attention like this, I don’t like to be in the center of attention all the time, I do a lot of public speaking and stuff but I don’t like to be on display like that.

They really showed this connection. People say it was trauma bonding or whatever, but we’re here, we’re trying to put it past us and move forward. The idea of the whole show, even it’s named, “Forward Movement” because it’s too hard for us to walk backwards. We must walk forwards. In order to get where we need to go and become who we are meant to be.

AF: From my perspective, covering it from the outside and hearing from my co-workers who were there over the phone that day, it seems like Ryan exerted a lot of violent control not only over you, but over everyone who was there. Do you see this art, depicting yourself and turning him into a subject as well, is that regaining some measure of control over yourself?

JJ: There’s a lot of emotion and weight around seeing somebody who shot you in the chest. But being able to take it out and put it into a physical thing where it’s contained, gives you the ownership. You choose what to do with your pain.

That’s the thing: we can be the victims, we can be sad, we can forever look at our scars and be disappointed in ourselves or whatever. Or we can reclaim it and move forward or use it as a stepping stone to get us out.

I feel lucky I’m able to get this s--- out of my body. It’s in your head, it’s in your heart, it’s in your spirit. You got to get it out.

I feel very sorry for this person who was so misguided. In no way would I have ever thought somebody would bring a weapon to a prayer gathering like that, let alone a gun, and let alone multiple firearms, which he had in his possession. He had intentions to do more than just shoot one person, and he was running into the center, and trying to do evil things. I feel sorry for somebody who was so young to throw their life away, based off of lies and deceit they’ve learned off of the internet.

These concepts are born out of unrealistic views of the world, and it’s sad to see there is a divide in our country where people are so consumed with themselves and their own homogenous mentality, that they don’t participate in society as a whole or as an active part of humanity.

A good friend of mine always says, “The light does not fight to be, it just shines.” That really resonates with me because we always want to be anti-establishment, anti-racism, anti-fascism, right? But the truth is, we can’t be against that which we post because we still feed that by being in opposition. You give power to that which you are against.

And so we must forge a new path, we must create new paradigms that make these old systems and these old ways of thinking obsolete. That’s what’s taking place now. It’s a painful process. We’re seeing it in the streets, we’re seeing it in our interactions with loved ones, in interactions with strangers on the street, but we’re winning, and I I think that’s the beautiful part of this process. It’s painful, and it’s hard, but also we are growing as human beings and humanity itself is thriving and is wanting to pop the pimple of all the disgusting pain we’ve contained from generations and generations.

AF: How do you see your art about that incident fitting into everything else in this room right now, the rest of your work?

JJ: It’s a story that will be forever with me. A lot of these images are taken from famous people. This is Russell Means, co-founder of the American Indian Movement. Sitting Bull is up here. We have Chief Joseph Jr., Chief, Joseph Sr. over there. These are all very, very powerful people, iconic images. When I see them, it really grabs me.

I try to do a lot of contrast stuff, black and white with color splashes. It’s really about this energy that has, and I think the separation between these and those is that this is a process of me purging out all of the trauma and pain that was associated with what took place.

Being able to get it out and be free from it, you know, moving forward, forward movement, that’s the idea. We retake older pictures, and contemporize them, really bring them into modernization. That’s the same idea: we can put new life into things that have already happened or systems that have already passed. We can redefine what our versions of history are. This is about containing truths, with the freedom of creative expression.

AF: As you said earlier, we are right now witnessing the death rattles of an old world and perhaps, signals toward a new one. What kind of world do you hope we’re creating right now?

JJ: I do climate work, and it’s a scary thing, looking at the science of all this stuff. It’s even more frightening seeing the political reactions to what’s happening in this reality. We’re starting to see ecosystems collapse all around the world. This is that moment.

So many times, we are fed these post-apocalyptic visions of the future that we will all be Mad Max fighting against all these crazy things out there. But people always forget that as the old world dies, a new one is born. We need to shift our thinking from the destruction — focusing on being shot, focusing on being dead, focusing on the past — into realizing born out of that destruction, born out of that pain, something new is birthed.

We must represent that — whatever that means to you, whatever that means to me — but the fact is, there is a future that is healthy, and just and livable. That version of us, and that future is looking back on this present moment, encouraging us and pulling us towards that future that’s exactly what we envision.

I think we will survive, we will overcome, and so we look at the next election, we still will be here, and we will still continue to fight for what’s right, and fight for the future of humanity, whether that’s in the streets, in political avenues, or using art, and we will remain and more importantly will grow and blossom and evolve.

That’s what I hope for us: I hope for people to come by and see this, this pain and this trauma, see my blood and mugshots and all of the things, that they understand that born out of the the beauty we have now, there is pain underneath, that we use that pain to create something new, and we must move forward.

Source New Mexico is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Shaun Griswold for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and X.

Failed NM GOP candidate facing federal election interference charges after shootings

A U.S. federal judge on Wednesday unsealed an indictment accusing a candidate for the New Mexico House of Representatives of orchestrating violent interference in the 2022 midterm election.

A week earlier, a federal grand jury charged Solomon Peña, 40, with crimes related to a spree of shootings targeting four elected officials in the Albuquerque area after his defeat in the Nov. 8, 2022 race for the District 14 seat in the lower chamber of the state Legislature.

The shootings happened at the homes of two Bernalillo County commissioners and two state lawmakers between Dec. 4, 2022 and Jan. 3, 2023. No one was physically harmed in the attacks, but police found bullet holes in the buildings.

According to the federal indictment, Demetrio Trujillo, 41, and his son Jose Louise Trujillo, 21, helped Peña obtain guns and cars they used to shoot at the officials’ homes and vehicles.

Since the lawmakers were candidates and the county officials were required by state law to certify the results, federal prosecutors with the U.S. Attorneys Office are accusing the trio — along with four unnamed co-conspirators — of interfering with the election.

An apparent Trump supporter and election denier on his social media feed, Peña never conceded his own electoral loss last year, contending that the system was rigged.

In a written statement on Wednesday, New Mexico Secretary of State Maggie Toulouse Oliver condemned the violence and applauded the prosecution.

“The political violence allegedly perpetrated by Solomon Peña and his accomplices is a sobering reminder of how unfounded conspiracy theories and election denialism have real world consequences,” she said. “Political violence in our democracy must be repudiated at every turn, and I am pleased to see the federal government pursuing this case with the seriousness it deserves.”

As of Wednesday, all three men were in custody, according to court records. Peña has been held at the Metropolitan Detention Center since Jan. 17, Jose Trujillo was arrested in January, and Demetrio Trujillo was arrested on Wednesday.

Demetrio Trujillo will make an initial appearance in court at 9:30 a.m. on Thursday, and Jose Trujillo will appear for an arraignment hearing at 9:30 a.m. on June 8, both in Albuquerque.

Peña texted ‘close political ally’ just before first shooting

The Bernalillo County Board of County Commissioners certified Peña’s defeat on Nov. 21, 2022, along with that of Republican Lisa Meyer-Hagen, an Albuquerque real estate broker who ran for a different seat in the House.

“We have to press the attack,” Peña wrote to Meyer-Hagen in a text message one week earlier, according to the indictment. “They want us to become hopeless and give up.”

Meyer-Hagen is not a defendant in the case, and her role in it is unclear. It is not known if she has legal representation.

While prosecutors did not name Meyer-Hagen in the indictment, they referred to her as “a close political ally” of Peña and a candidate in the race for the District 11 seat in the House. There were no other candidates in the race.

She lost that race to House Speaker Javier Martínez (D-Albuquerque). Martínez was targeted in the second shooting on Dec. 8.

According to the indictment, at 1:28 a.m. on Dec. 4, 2022, Peña wrote again to Meyer-Hagen:

“We can’t just sit around being angry. We have to act. I’m continuing my study of election rigging. The enemy will eventually break, because they are committing intentional wrongs, and all humans eventually make mistakes.”

Later that day, prosecutors wrote, Demetrio Trujillo and two unnamed co-conspirators fired their weapons at the home of Bernalillo County Commissioner Adriann Barboa.

The indictment does not indicate any of Meyer-Hagen’s responses to Peña’s texts.

Reached by phone for comment on Wednesday, Meyer-Hagen said, “If you’re calling about Solomon Peña, I have no comment.”

Unnamed co-conspirators

The indictment mentions four “co-conspirators” without identifying them, saying two of them joined Demetrio Trujillo in the shootings at Barboa’s home on Dec. 4 and Martínez’s home on Dec. 8.

The third unnamed person received Barboa’s home address from Jose Trujillo on Nov. 19, and passed it on to Peña on Nov. 28, according to the indictment. This same person met with Peña on the day of the first shooting, prosecutors wrote.

A fourth person asked Peña to meet two days before the first shooting, and wrote, “asap got my guy here,” the court documents state.

Prosecutors accuse Peña, Demetrio Trujillo and Jose Trujillo of shooting at the home of former Bernalillo County Commissioner Debbie O’Malley on Dec. 11, and at the home of Sen. Linda Lopez (D-Albuquerque) on Jan. 3.

The Secretary of State’s Office is in the final stages of the rulemaking process to conceal officials’ home addresses, spokesperson Alex Curtas said, stemming from a new state law Toulouse Oliver helped shepherd through the last legislative session.

The rule lays out procedures for the secretary of state and county clerks “for the non-disclosure of home addresses for public officials and candidates on election and financial-related documents” and is a direct response to doxxing, threats, and instances of harassment and violence directed at public officials in recent years, Curtas said.

Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Shaun Griswold for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.

NM Supreme Court throws out appeal from ousted 'insurrectionist' Couy Griffin

Former Republican Otero County Commissioner Couy Griffin failed to explain to New Mexico’s highest court how he would challenge his removal from elected office, so the court threw out his appeal.

The New Mexico Supreme Court on Tuesday issued a two-page order dismissing Griffin’s appeal of an earlier court ruling that removed him from his elected position and barred him for life from serving in elected federal and state positions.

The ruling marked the first time an elected official was unseated by court order as a result of participating in or supporting the Jan. 6 attack on the U.S. Capitol. Tuesday’s dismissal affirms the ruling.

Griffin told the Supreme Court on Sept. 23 he would appeal the district judge’s ruling.

When someone appeals a ruling to the New Mexico Supreme Court, they must file a statement that accurately and concisely explains the legal issues in the case and outlines how the courts have handled similar appeals in the past.

However, all five justices of the Supreme Court wrote on Tuesday that Griffin “failed to file a statement of issues” ahead of the 30-day deadline under the rules of New Mexico’s court system.

Citizens for Responsibility and Ethics in Washington (CREW) is one of the groups that initially brought the case against Griffin. The judge’s ruling in September was the first time that a public official was barred from office under the 14th Amendment of the U.S. Constitution, according to the organization.

Section 3 of that amendment prohibits anyone who has “engaged in insurrection or rebellion” against the government from holding elected office. The district judge cited Griffin’s participation in the Jan. 6 attack as an “insurrection against the Constitution.”

CREW’s Chief Counsel Donald Sherman said the state Supreme Court’s ruling is an affirmation that the 14th Amendment “can and should be enforced against all the Jan. 6 insurrectionists who took an oath to defend the Constitution, whether they are current or former officeholders,” he said. “Today is an important day for our democracy.”

Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Marisa Demarco for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.

Tear gas grenade thrown by New Mexico deputy caused house fire that killed teen Brett Rosenau: investigators

The only possible cause of the fire that killed Brett Rosenau, 15, last month was a grenade thrown by a Bernalillo County Sheriff’s deputy who was a member of the SWAT team that July night, local fire officials said Friday.

The Fire/Arson Investigation Division of Albuquerque Fire Rescue ruled the fire an accident, and discussed preliminary findings during a news conference on Friday.

It is extremely likely that the fire was caused by a Tri-Chamber Flameless Grenade thrown through a front window of the house, said Jason Ramirez, captain of the fire/arson investigation division.

The grenade emits CS gas, commonly known as tear gas.

“So at this time, the classification of that fire is ruled accidental, and we were unable to eliminate that device being an ignition source,” Ramirez told reporters on Friday. “All other ignition sources in the room were eliminated at this point. So that’s where we’re at in the investigation. At this point in our investigation, there is no other possibility in that room of origin, in that area.”

The grenade landed on a mattress behind the window, said Albuquerque Police Commander Kyle Hartsock. Hartsock displayed a video showing the grenade smoking, and the mattress catching fire. The video shows police using a robot to pull the flaming mattress out of the house, but at that point the fire had spread.

Firefighters delayed entering the building because, Albuquerque Police Chief Medina has said, there were concerns Kelley was armed, and he was still inside. It remains unclear if police actually found any weapons on Kelley or in the home.

After Kelley surrendered, firefighters searched the house and found Rosenau’s body inside, Hartsock said.

Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Marisa Demarco for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.

New Mexico militia compares itself to NAACP, prosecutors liken it to the KKK

A white supremacist militia under legal pressure from a local prosecutor in New Mexico is claiming protection under a 1958 court case that allowed the NAACP to keep its membership roster private from Alabama officials in order to protect members from violence and harassment.

The Bernalillo County District Attorney’s office, meanwhile, says the case is more like a 1987 one where a federal appeals court required the Ku Klux Klan to turn over membership records, albeit sealed from the public.

The dispute stems from a non-fatal shooting at a protest in Albuquerque in June 2020 at the statue depicting Juan de Oñate outside the Albuquerque Museum. Steven Ray Baca is charged with aggravated battery causing great bodily harm for the shooting, two counts of battery on two other protesters, and unlawful carrying of a weapon.

Baca is not apparently affiliated with the militia but video shows six New Mexico Civil Guard members armed with rifles surrounding him just after the shooting in an apparent attempt to defend him. District Court Judge Elaine Lujan ruled in September that those same militiamen could be held liable for impersonating police officers.

Prosecutors clear hurdle in suit against New Mexico Civil Guard

DA Raul Torrez and lawyers from the Institute for Constitutional Advocacy and Protection (ICAP) accused the militia of threatening public safety and encouraging violence, and asked the court to force the group to stop organizing and training as a private military unit.

The DA’s office argues that New Mexico law forbids private unregulated security forces because they are not accountable to anyone and their behavior creates a chilling effect on other people’s rights to free expression. The militia has ties to white supremacist and neo-Confederate organizations, and local Republican officials and candidates.

They’ve been trying since January 2021 to verify the militia’s membership and obtain its communications with others, including police, said Mark Baker, special counsel for Torrez’s office. But the militia, he said, has not handed over the records and won’t even verify the authenticity of publicly available records like their website, for example.

After Baker and NMCG’s attorney Paul Kennedy argued in a telephonic hearing last week, Lujan ordered the militia to respond to the state’s questions by Jan. 2. If Kennedy fails to meet that deadline, all of the underlying documents that prosecutors are trying to verify will be entered into the court record, Lujan said.

Kennedy argued that answering the state’s questions would violate his clients’ freedoms of association, and said prosecutors are trying to make NMCG’s membership lists public.

He pointed to case law from 1958 where the state of Alabama was trying to obtain membership information from NAACP, and tried to draw a connection to news conferences and public statements denouncing the militia by the district attorney Torrez, Albuquerque Mayor Tim Keller and New Mexico Gov. Michelle Lujan Grisham.

“There could hardly be a clearer example of a manifestation of public hostility than that statement by the mayor,” Kennedy said.

Baker argued that the NAACP case is irrelevant because the militia has not shown that exposure of its members’ identities would open them up to economic reprisals, loss of jobs, threats of physical coercion, and other kinds of public hostility proven in the NAACP case.

It’s been nearly a year since prosecutors first handed their discovery demands to the militia and they’ve only gotten back 12 or 13 pages, Baker said. In the NAACP case, the group fully complied with Alabama’s discovery requests, he said.

Instead, Baker argued that NMCG is in a similar position to the Ku Klux Klan in a 1987 case where an appeals court upheld an order requiring the KKK to produce membership lists in discovery, but not making those lists public.

Judge Lujan agreed and said the militia has not shown that its members would suffer similar consequences if their names are discoverable in the lawsuit. So she ordered the militia to hand over the membership information, with the understanding that it will be governed by a carefully-written protective order.

“We’ve dealt with some absurdities along the way and getting to the nature of these admissions is important for us to be able to move forward with the case and get it properly ready for trial,” Baker said.

With Rittenhouse acquittal, activists hear echo close to home

Prosecutors have received a “mishmash” of different answers from witnesses, Baker said, with some denying that NMCG is even a militia, and others identifying one defendant as a “captain” in charge of other members. That defendant said it was just a nickname among friends, Baker said.

The high profile of the NCMG case is due in part to its similarity to other cases around the country, with activists here comparing it to the trial of Kyle Rittenhouse in Kenosha, Wisc.

ICAP, the legal organization based out of Georgetown University Law Center helping prosecutors with the case, is asking a court in California to force social media giant Facebook to hand over records that would show who organized the militia’s Facebook page, which was apparently wiped when NMCG was banned from the platform.

ICAP previously represented the city of Charlottesville in a successful lawsuit against private militias at the Unite the Right rally in Charlottesville, Va., in August 2017.


Note: Editor-in-Chief Marisa Demarco recused herself from editing these stories out of a conflict-of-interest concern. Instead, this story was edited by Sean Scully, a national editor with States Newsroom.

Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Marisa Demarco for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.

New Mexico imprisons people at a higher rate than some countries

A new report shows that New Mexico imprisons people at a higher rate than most U.S. states and every other country in the world, and there is little correlation between high incarceration rates and violent crime.
The Prison Policy Initiative found that New Mexico incarcerates 773 people per 100,000 total population, and if one imagines the state as an independent country, it would have the 19th highest per capita incarceration rate in the world.

“The incarceration rates in every U.S. state are out of line with the entire world, and we found that this disparity is not explainable by differences in crime or 'violent crime,' " the researchers wrote. “In fact, there is little correlation between high rates of 'violent crime' and the rate at which the U.S. states lock people up in prisons and jails."

“Compared to our allies around the world, compared to other major democracies, the United States and every U.S. state is completely unparalleled when it comes to our rates of incarceration," said Wanda Bertram, a communications strategist for the Prison Policy Initiative.

The researchers collected prison data from every level of the criminal legal system including state prisons, local jails, people held by the U.S. Marshals Service, people detained for immigration offenses, sex offenders indefinitely detained or committed in “civil commitment centers" after completing a sentence, and those committed to psychiatric hospitals as a result of criminal charges or convictions.

Antonio “Moe" Maestas, a Democratic state lawmaker representing part of Albuquerque, said New Mexico's high ranking does not surprise him.

“Incarcerating the most people does not equal less crime," Maestas said. “We do not have a Bureau of Prisons prison, so our 19th ranking is a true New Mexico ranking. We don't have two or three federal prisons that are skewing the stats."

He said there are many nonviolent offenders in New Mexico prisons, and that's why some lawmakers are trying to introduce reforms to focus on people who commit violent crimes.

Many other states in the Western U.S. rank higher on the list, including Arizona, Wyoming, Montana and Idaho. Still, Maestas said New Mexico is behind the curve on criminal justice reform even compared with its relatively conservative neighbor, Texas, which committed in 2006 to lower its prison population and close prisons. The Prison Policy Initiative found Texas' incarceration rate to be 840 people per capita, higher than New Mexico's.

“We have not made that same commitment in New Mexico, we have not closed a prison nor even committed to closing a prison," Maestas said. “We simply have not had a governor or an attorney general championing that cause even from a fiscal conservative standpoint."

We live in a country where a small number of people have really captured the power and the wealth to make other people's lives worse and more difficult. Mass incarceration is one way that plays out.

– Wanda Bertram, Prison Policy Initiative

Maestas said New Mexico has been slow in achieving criminal justice reform because the process is led by a citizen Legislature that only meets for a limited time each year, rather than a full-time Legislature. According to the National Conference of State Legislatures, only 10 states have full-time legislatures.

“We've accomplished a great many things, but you really need a governor or an attorney general to make those big institutional changes, and, and we have not had that yet as a state," he said.

Bertram said some people might see New Mexico's violent crime rate being higher than other U.S. states and conclude that justifies a higher incarceration rate. However, data show that New Mexico has a similar violent crime rate to Belgium but incarcerates people at a rate nearly eight times higher than Belgium.

“And yet, if you were to fly to Belgium today, which I hear is a nice place, you would not step off the plane and encounter an out-of-control violent crime situation," Bertram said.

Bertram said she hopes people see the comparison between the U.S. and other founding NATO countries and intuitively think how those societies are different from home. She said there are connections between incarceration rates and the availability of affordable housing, the quality of public schools, and the quality of publicly funded single-payer health care.

“We live in a country where a small number of people have really captured the power and the wealth to make other people's lives worse and more difficult," Bertram said. “Mass incarceration is one way that plays out. Now, there are other countries around the world that don't do things the same way and I think it's no coincidence that those countries see a smaller number of their residents locked up."

The state's prison population has decreased significantly in the last two years mainly because of bail reform and releasing prisoners to slow the spread of COVID-19. But in the next decade, the New Mexico Sentencing Commission expects prison and jail populations to increase.

“Those reductions in the prison population are not going to hold after the pandemic is over. I'm afraid that we're going to go back to business as usual, with very high incarceration rates," Bertram said. “And with these tough-on-crime politicians who benefit from people being scared, continuing to push through policies that lead to incredibly high incarceration rates."

One policy that keeps the state's incarceration rate high is an outdated probation and parole system, Maestas said. He said the state's Probation and Parole Division is “horrible" at distinguishing between when someone commits a true violation of their probation conditions and when they commit only a technical offense.

“That will continuously drive up the prison population, until we have probation reform," Maestas said.

In 2019, Maestas co-sponsored a bill which he called the most comprehensive probation reform in the country but Gov. Michelle Lujan Grisham vetoed it. Maestas said she did so because of political pressure from New Mexico Attorney General Hector Balderas and district attorneys across the state. The measure will not appear in the upcoming 30-day legislative session, he said, because the governor controls the agenda for that session.

The report comes in the middle of an election season in New Mexico, with Albuquerque mayoral candidates making crime their top campaign issue.

“Our new analysis of incarceration rates and crime rates across the world reveals that the U.S.'s high incarceration rates are not a rational response to high crime rate, but rather a politically expedient response to public fears and perceptions about crime and violence," the researchers wrote.

Bertram said she urges people, no matter who they vote for, to hold their elected officials accountable once they're in office.

“If you elect somebody who runs on a promise of locking up violent criminals and then one year, two years later, you realize that your public benefits to you and your family have not gone up, the situation for your children in schools is not better, your health care options are not better, then I think that's when the person that you've elected has used crime to scare you into voting against your own interests," Bertram said.

Bertram praised the Albuquerque City Council's recent decision to make public transit in the city fare-free because those kinds of universal goods will help keep more out of prison, she said. One of the main challenges for people leaving prison or jail who are trying to rebuild their lives is just getting around, she said.

“If you don't have a driver's license, you can't have a car, how are you going to get around, especially if you don't have a lot of money?" Bertram said. “Free public transit is really important for that. So I would encourage people who are in New Mexico to keep on supporting those kinds of initiatives, because that will help bring the prison population down."

Source New Mexico is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Source New Mexico maintains editorial independence. Contact Editor Marisa Demarco for questions: info@sourcenm.com. Follow Source New Mexico on Facebook and Twitter.