'All for what?' Failed MAGA candidate gets 80 years in jail for  shooting up Dems' homes

A failed Republican political candidate whose conspiracy theory about a stolen state House election prompted him to orchestrate shootings at homes of elected New Mexico Democrats will spend 80 years in prison, a federal judge ordered Wednesday.

Solomon Peña – who handily lost the race for an Albuquerque-based house district in 2022 – falsely believed he was the victim of a election fraud and hatched a “sophisticated scheme” to harass and intimidate elected officials, U.S. District Court Judge Kea Riggs said in court during the sentencing hearing.

Election results showed Peña, who ran as a Republican, lost to incumbent Democrat Miguel Garcia, who won 74% of the vote.

The sentence comes amid a spike in political violence in recent years, including the June assassination of a Minnesota Democratic state representative and her husband. As he campaigned, Peña was a vocal supporter of President Donald Trump, who falsely claimed he won the 2020 presidential election over Joe Biden. Trump has pardoned his supporters convicted in the Jan. 6 riot at the U.S. Capitol and repeatedly threatened his political enemies, and he was the victim of two assassination attempts himself in 2024.

A jury in March found Peña guilty of enlisting a man and his adult son to repeatedly shoot up homes of four elected Democratic officials in December 2022 and January 2023 after he refused to accept defeat. He was also convicted of recruiting fellow inmates he was in jail with while awaiting trial to kill his codefendants.

The shooting rampage culminated in the early morning hours of Jan. 3, 2023, when, according to prosecutors, Peña and the 21-year-old man he enlisted fired a fully automatic gun at the home where state Sen. Linda Lopez and her children lived. Codefendant Jose Trujillo fired 12 rounds at her home, prosecutors said. Peña himself attempted to fire the weapon but it jammed, according to Riggs and prosecutors.

Lopez testified Wednesday before the sentencing that she and her kids are still traumatized. They’ve all sought counseling for anxiety and depression. Fireworks and other loud noises make them fearful, she said, and they are afraid whenever anyone walks past their house.

“The shooting of our home shattered what I was trying to form for my children,” she said.

Despite the shooting, she ran for reelection in November and won. The choice to stay in office represented her commitment to democracy, she said, and being undeterred by political violence.

“Our democracy must be open. Our democracy must not bend to intimidation or fear,” she said. “We will persevere.”

A jury ruled that Peña also orchestrated the shootings at the homes of other elected Democrats, including Bernalillo County Commissioners Adriann Barboa and Debbie O’Malley, who is now a state senator, as well as House Speaker Javier Martinez.

Failed GOP candidate for NM House charged in connection to shootings at Dem politicians’ homes

Martinez and his wife, Dianna, also attended Wednesday’s sentencing. Dianna Martinez recounted finding spent bullets in her shower and garage, and said she keeps replaying the shooting over and over, thinking about how if bullet trajectories had been “slightly different,” she and her children could have been injured or killed.

She called on the judge to hold Peña accountable for his actions, calling him a “narcissist” who has “no regard for human life.” Speaker Martinez draped his arm over his wife’s shoulders as she spoke through tears.

“This was not politics,” she said. “It was terror. “

Peña did not speak in his own defense. Through his attorneys, he said he maintained his innocence and would appeal the conviction. He appeared stoic throughout the one-hour hearing and did not react to the sentencing that, if served completely, will keep the 42-year-old man in prison through the end of his life.

Prosecutors called on the judge to sentence him to 90 years in prison, saying in court documents that his actions represented an attack on the “American political system.” Peña hoped to force “political change by terrorizing people into being too afraid to engage in political life if they held views contrary to his own,” prosecutors said.

His attorneys asked for the mandatory minimum of 60 years, noting that mandatory minimums tied the judges hands but that other federal defendants are sentenced to less time for what they said are worse crimes, like murder and sexual abuse.

Second co-conspirator in Solomon Peña case pleads guilty

Riggs did not fully explain why she arrived at a sentence of 80 years, but she said it was, at least in part, an effort to deter others from considering similar actions and to restore public servants’ trust that they can safely run for office.

Peña’s crimes were “all because you could not believe that you lost an election,” she told him. Saying it was “beyond a miracle” that no one was physically harmed, she recounted the path of violence that she believes would have continued to escalate if police hadn’t arrested his codefendant less than 24 hours after the shooting at Lopez’s home.

“All for what?” she told him. “For your ego.”

In addition to the 80-year sentence, Peña will face a $250,000 fine. The judge, whom Trump appointed in 2019, noted that Peña’s career as a “storm-chaser” meant he was not indigent and therefore capable of paying the fine. According to the judge and prosecutors, that profession defrauds insurance companies by billing them for overpriced and unnecessary repairs after natural disasters.

He will also be ordered to pay restitution, though the details of that were not clear Wednesday.

FBI warrant claims couple started New Mexico's devastating Salt Fire

A federal search warrant application filed last week revealed that the FBI believes two people are responsible for igniting the Salt Fire that began June 17 and burned more than 7,000 acres in southeastern New Mexico.

According to the July 11 document signed by an FBI agent, the suspects are a man and woman. The pair, who are boyfriend and girlfriend, are accused of starting five other “suspicious” wildfires occurring on the Mescalero Apache Reservation since early May.

Source New Mexico is not identifying either person because they have not been charged with a crime. The man did not respond to a request for comment Sunday, though he did post on Facebook last month denying any involvement in the fires.

The man claimed to law enforcement and on social media that he is a wildland firefighter, plus posted photos and videos of himself in a firefighter uniform responding to fires in Arizona and Utah, along with a TikTok of himself in a wildland firefighter training exercise.

FEMA trailers on their way to Ruidoso; at least 856 homes lost

The South Fork and Salt fires began within a couple hours of each other on June 17, and quickly grew in size and intensity, ultimately destroying at least 850 homes in and around Ruidoso. Two people died in the aftermath of the South Fork Fire, and flooding continues in the area as a result of the fires. The Salt Fire prompted thousands to flee as it approached Ruidoso Downs.

Investigators concluded that the South Fork Fire began with a lightning strike prior to June 17, though they have since suggested the Salt Fire was human-caused by offering rewards up to $10,000 for information about the “person or persons responsible” for igniting it.

The search warrant application reveals that law enforcement had been investigating a string of suspicious wildfire starts in the area since early May, an investigation that “intensified” when the FBI became involved after the South Fork and Salt fires began, according to the warrant application.

Since May 3, there have been 16 “suspicious” wildfire starts in a 25-square mile area, including the Salt Fire, on the Mescalero Apache Reservation, according to the warrant application.

Among the “suspicious” wildfires are four that occurred between June 16 and 18 near the Salt Fire ignition location and burned less than a quarter-acre.

The Bureau of Indian Affairs confirmed last week to Source New Mexico that the causes of those four other fires, known as the Penn Scott Fire, the 244 Penn Scott Fire, the Carrizo Fire and the Trails Fire, were being investigated along with the Salt Fire.

The warrant application sought a federal judge’s approval to seize a pair of Vans sneakers belonging to the woman that the FBI alleges were worn at the site of one or more of the suspicious wildfires. A judge quickly approved the request, and it was executed days later. The FBI agent who wrote the request noted that the woman voluntarily provided her shoes to law enforcement.

The FBI linked the couple to six of the wildfires after reviewing evidence like tire treads and footprints, and interviewing witnesses who saw a dark-colored Jeep flee the scenes of several fires.

The FBI agent also noted that the Salt Fire, reported just two hours after the South Fork Fire began, drew resources away from the suppression efforts.

‘Animosity building up’: Ruidoso mayor seeks more details about South Fork Fire investigation

Speculation about the causes of the South Fork and Salt fires has built since they began and continued even after investigators concluded lighting started the South Fork Fire. Local officials are calling on the Bureau of Indian Affairs to release more information about its determination that a lightning strike started the South Fork Fire, saying racist rumors directed at the Mescalero Apache tribe are flying in the absence of more information.

Lynn Crawford, Ruidoso’s mayor, in a recent interview called on members of the public not to direct blame against an entire group for the alleged actions of a few.

“I don’t want you to start condemning everybody at the (Mescalero) tribe for what somebody may or may not have done,” he said. “And so, all that we’re asking for is patience. I know that’s hard.”

Mescalero Apache President Thora Padilla did not respond to an email seeking comment Sunday.

Tire tracks and shoe prints

The following investigation into the fires began in early May, according to the search warrant application first reported by the Albuquerque Journal. The application was unsealed July 16.

Around 11 a.m. on May 3, two juveniles told local police they witnessed a dark-colored Jeep flee the area where a small wildfire was reported. Police then contacted dispatch and learned that the man identified in the search warrant application made the first call to dispatchers about the fire.

The officer contacted the man, who claimed he spotted smoke coming from the area and tried to find it and put it out. He told police he was a wildland firefighter and, upon finding the fire, tried to tamp it out with a branch and his fire boots.

“Prior to being asked, (the man) stated that he did not start the fire,” according to the warrant.

On May 7, around noon, another fire at Whitetail Summit was reported to dispatch. The same officer responded to the scene and saw a dark-colored Jeep driving at high speeds away from the fire. Police found a shoe print near the scene belonging to a Vans sneaker.

Around 10 a.m. on May 20, another fire was reported near Salt Well. Nearby homeowners said they saw a Jeep leave the area before police arrived.

The shoe prints found at the site of “suspicious” wildfires on May 3 and June 17, according to the document.

On May 23, the Mescalero Tribe put out a statement noting that “for the past three weeks, the reservation has had a few fires start,” saying that the tribe and the BIA were monitoring the situation and asking for people to call dispatch if they see something “suspicious or peculiar.”

About two weeks later, police responded to another string of suspicious wildfires, including the Salt Fire. The first was June 16 around 7:45 p.m.

Around 8 a.m. the next morning, about three-tenths of a mile from the June 16 fire start, firefighters responded to another fire and noticed a Vans sneaker footprint with the same “tread pattern” as was seen after the fire May 7.

An officer spotted tire tracks later that day at another wildfire start around 12:43 p.m., tracks that he believed to belong to the ones on the dark-colored Jeep that was on police’s radar. The Jeep tires were Firestones, “different than typical stock or street tires,” and had a unique “double dimple” on the edge of the tread, according to the warrant.

Flash floods poised to continue in disaster areas through monsoon season

Around 2 p.m. on the 17th, the Salt Fire was reported to dispatchers. Starting just hours after the South Fork Fire, resources, including aircraft, were diverted from the South Fork Fire to assist suppression of the Salt Fire, according to the warrant.

Less than a mile away from the Salt Fire ignition site, police spotted the Jeep on a road leading away from the site and found the man and woman inside, according to the warrant. The FBI agent noted that, unlike the May 3 fire start that the man reported, this time he “never reported this fire or attempted to fight the fire.”

Police questioned the couple again on June 25, and they gave consent for law enforcement to search their phones and to collect the Vans sneakers.

Around 9 p.m. the day before being questioned, the man posted on Facebook denying any involvement in the fires. “I haven’t been charged, nor will I ever,” he wrote. “I’m a wildland firefighter…I would never put my land or people in jeopardy.”

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.

Yet another senator demands Biden step aside in presidential race

New Mexico’s senior senator is calling on President Joe Biden to “pass the torch” to give Democrats a better chance of defeating former President Donald Trump in November.

Heinrich is the third Democratic United States senator to publicly call on Biden to step down, following Sens. Jon Tester of Montana and Peter Welch of Vermont. A handful of House Democrats are also beseeching Biden to get out of the race, including four more on Friday.

Heinrich, in his statement Friday morning his office provided to Source New Mexico, praised Biden for his successes leading the country and long career in public service.

“However, this moment in our nation’s history calls for a focus that is bigger than any one person. The return of Donald Trump to the White House poses an existential danger to our democracy. We must defeat him in November, and we need a candidate who can do that.”

Heinrich said the choice to withdraw is “President Biden’s alone,” but he believes it’s in the country’s best interests for him to step aside.

“By passing the torch, he would secure his legacy as one of our nation’s greatest leaders and allow us to unite behind a candidate who can best defeat Donald Trump and safeguard the future of our democracy,” Heinrich said.

Biden, so far, has adamantly refused calls for him to step aside, though the New York Times reported this week he may be softening on that view.

The Feds accidentally burned down their houses — then made difficult to come home

The wildfire had already burned 160 square miles of northern New Mexico forest last spring when it suddenly surged ahead, reducing to ash the cozy cabin David Martinez had built for himself more than two decades earlier.

Martinez, now 64, had fled days before, one of 15,000 people ordered to leave as the fire spread.

He spent the next three months sleeping near the edge of the fire in his pickup truck, his physical and mental health declining from the smoke, stress and lack of sleep.

Desperate for shelter, he spent $5,000 or so of the emergency aid he’d received from the Federal Emergency Management Agency on a down payment for a late-’90s Vacationaire travel trailer. He placed it on the site of his old cabin in Monte Aplanado, about 35 miles northeast of Santa Fe.

He calls it the “tin can.” Its heater is broken. The cold creeps through its thin walls. Wind rattles the wooden cabinets. But it’s all he could afford.

A year ago, two runaway fires set by the U.S. Forest Service converged to become the Hermits Peak-Calf Canyon wildfire. It rode 74 mph wind gusts, engulfing dozens of homes in a single day as it tore through canyons and over mountains.

The blaze became the biggest wildfire in the continental United States in 2022 and the biggest in New Mexico history. And it was the federal government’s fault: An ill-prepared and understaffed crew didn’t properly account for dry conditions and high winds when it ignited prescribed burns meant to limit the fuel for a potential wildfire.

By the time the blaze was fully contained in August, it had destroyed about 430 homes, according to the Forest Service. Monsoons helped extinguish the fire, but they spurred floods that caused more damage.

FEMA stepped in to help, offering cash for short-term expenses and, after the state requested it, temporary housing to 140 households. But the federal government has acted so slowly and maintained such strict rules that only about a tenth of them have moved in, an investigation by Source New Mexico and ProPublica has found.

A year after the fire began, FEMA says most of the 140 households it deemed eligible for travel trailers or mobile homes — essentially, people whose uninsured primary residences sustained severe damage — have found “another housing resource.”

What the agency doesn’t say: For some, that resource is a vehicle, a tent or a rickety camper. It’s a friend or relative’s couch, sometimes far from home. It’s a mobile home paid for with retirement funds or meager savings.

The fire upended a constellation of largely Hispanic, rural communities that have cultivated their land and culture in the shadows of the Sangre de Cristo Mountains for hundreds of years. Many residents can find their family names on land grants issued by Mexican governors in the 1830s.

Now they’re dispersed across the region, even out of state. Source New Mexico and ProPublica obtained records from local officials and volunteer groups and eventually interviewed more than 50 people who between them lost 45 homes.

Many of them said FEMA’s trailers were offered too late, cost too much to get hooked up or came with too many strings attached. Several said they went through multiple inspections, only to learn weeks later that one rule or another made it impossible to get a trailer on their land. In some cases, FEMA officials told people that their only option was a commercial mobile home park, miles down winding, damaged mountain roads from the homes they were trying to rebuild.

People who between them lost 17 homes said they withdrew from the housing program because of those problems.

As of April 19, just 13 of the 140 eligible households had received FEMA housing. Only two of them are on their own land.

Martinez said he got a call from FEMA in mid-October, seemingly out of the blue. By then, he had been living in the tin can for a couple of months. As temperatures dropped, he had started sleeping on the couch, closer to the space heater.

A FEMA representative asked if he needed a trailer to live in.

“I told them it was too late,” he said. “Way too late.”

FEMA said terrain and weather, among other factors, presented challenges in providing housing to survivors. But the agency said it made an exception to its rules by providing trailers and mobile homes in the first place — normally such programs are reserved for disasters that displace a large number of residents.

The agency said it tries to place temporary housing on people’s property, but couldn’t in many cases because of federal laws and its own requirement that trailers be hooked up to utilities. State and local officials have asked the agency to loosen its rules, but it hasn’t.

FEMA knows it has a problem with its response to wildfires. A 2019 Government Accountability Office report said FEMA’s housing programs are better suited to help those displaced by hurricanes and floods because some victims can remain in their damaged homes, there’s often more rental housing in those areas and there’s more space for large mobile home parks than there is in the rugged mountains scorched by wildfires.

FEMA agreed with the findings and said it would explore providing housing funding to states because they’re better positioned to guide recovery. That didn’t happen after the Hermits Peak-Calf Canyon fire.

Last month, Martinez woke up on the couch in severe pain from a swollen bladder. Now he needs frequent medical appointments to check his catheter and figure out what’s causing the pain. His sister has been trying to get him a FEMA trailer in a commercial park closer to a clinic in the town of Mora. It’s just 8 miles away, but it can take 45 minutes to drive there.

What neither of them knew when he bought that old trailer last summer is that doing so made him ineligible for a FEMA trailer.

Martinez wants to stay on his property if he can. His great-grandfather once owned the land where he built that cabin. He raised his hands to show his stiff, swollen fingers. “They ain’t worth shit now,” he said. “But a man builds his own castle, right?”

The Cost of Free Housing

By mid-June, firefighters had finally started to get the blaze under control, and people were being allowed back into communities in the area known as the burn scar. New Mexico officials turned their attention to those who had nothing to return to.

Kelly Hamilton, deputy secretary for the state Department of Homeland Security and Emergency Management, told FEMA in a letter that people were living in their cars, at work and in churches, in campers and even in tents.

She asked FEMA to provide travel trailers or mobile homes. “If the housing situation is not immediately addressed, the survival of each community is bleak,” she wrote.

She cited an analysis showing there was just one rental apartment available in Mora and San Miguel counties, the two hardest hit by the fire. She noted that roughly 20% of residents in those counties were below the poverty line and that one-third of Mora County residents were disabled, according to U.S. Census Bureau figures.

It took FEMA a month to approve Hamilton’s request and about two weeks more to tell the public. On Aug. 2, the agency announced it would launch a small housing program, which “will likely entail placing a manufactured home on the resident’s property for the length of time it takes to rebuild.”

But there were strict rules for where those trailers could go. Recipients would need to have electrical service, septic tanks and drinking water close to the housing site. The agency’s draft contract for the housing program specified details down to the width of straps that were required to secure trailers against wind.

Local and state officials and disaster survivors told Source and ProPublica that the utility requirements were unreasonable, especially in this area. It’s common for homes to be heated with wood stoves fed with timber harvested from the surrounding land. Some people didn’t have running water or septic tanks even before the fire. Electrical outages were common in remote areas.

Martinez’s cabin never had running water; he got it from his neighbor’s well. So even if FEMA had offered him a trailer earlier, he would have had to pay thousands of dollars to build a well — if he could’ve found someone to do it.

“I’m trying to put this diplomatically,” said David Lienemann, spokesperson for New Mexico’s emergency management department. FEMA is “very efficient in deeming people ineligible.”

The effect of those rules is clear. As of April 19, FEMA said 140 households were eligible for trailers, as determined by the agency’s own inspections and policies. Of those, 123 had “voluntarily withdrawn.”

People dropped out because they “opted to live in their damaged homes, located another housing resource or declined all Direct Housing options,” said FEMA spokesperson Angela Byrd in an email. “However, those households remain eligible for the program should their situation change.”

FEMA wouldn’t allow Vicki Garland to connect a trailer to her solar panels, which weren’t touched by the flames. Instead, the agency insisted that she connect to the power grid, which would’ve cost her about $20,000. She’s now moving to the outskirts of Albuquerque, about 140 miles away.

Six individuals and families said they left the program because it would’ve cost too much to hook a trailer up to electricity, restore their wells or meet other utility rules.

Emilio Aragon was living in his office when he was told he was third on the list for a FEMA trailer. After waiting six months, he gave up and spent his retirement savings on a mobile home. He was among six individuals and families who said they were offered housing too late or faced delays that forced them to find housing on their own.

In response to those accounts, FEMA said in a written statement that it must ensure housing is safe and secure. “Generally, this is not a fast process because it requires us to be so thorough and meticulous. Working during the monsoon season meant it took additional time to make sure these sites were safe.”

FEMA has had a hard time getting people into temporary housing quickly after disasters. After Hurricane Ida struck Louisiana in 2021, FEMA said its housing program “is not an immediate solution for a survivor’s interim and longer-term housing needs” because it takes months to get sites ready. The agency praised Louisiana’s decision to launch its own federally funded housing program alongside FEMA’s.

A few months after the storm, The New York Times reported, the state’s program had housed around 1,200 people in about the same time it had taken for FEMA’s program to house 126.

Because FEMA’s housing programs end 18 months after a disaster declaration, every delay runs down the clock. Unless the Hermits Peak housing program is extended, it will expire in November, when the next winter is approaching.

FEMA declined to say whether it would extend the program, saying it would work with the state to meet survivors’ needs.

Wesley Bennett and his wife, JoDean Williams Cooper, said they went through three inspections to see where a trailer could be placed on their property. No spot was suitable, and they were instead offered a site at a mobile home park. Five other individuals and families said they pulled out of the housing program because of the red tape.

FEMA has noted that nine households declined to live in a mobile home park. Several of the trailers it has installed at those sites stand empty.

Some survivors, including Bennett and Cooper, said it wasn’t feasible to live in a trailer park an hour away from the homes they were rebuilding, especially with so many roads washed out by the flooding that followed the fire. They needed to stay on their land to take care of crops and deter theft.

“People who have largely lived in a rural setting are not going to be as comfortable in a trailer park. It’s just their whole way of life,” said Antonia Roybal-Mack, a lawyer who’s from the area and is assisting hundreds of victims in filing administrative claims for damage with the federal government.

“Here’s Hoping It’s a Paperwork Issue”

Erika Larsen and her partner, Tyler White, were living in a camper van after losing their home in the village of San Ignacio when they learned FEMA was offering temporary housing.

Their livelihoods depended on being on their land, they said. Larsen is an herbalist who before the fire made tinctures and elixirs with ambrosia, hops and nettle she grew in gardens dotting the property. White works in construction and gets a lot of her work from neighbors who know where to find her.

Early on, White was feeling optimistic. She posted to a private Facebook group of disaster survivors on Aug. 23, a day after a FEMA inspection.

“Amazingly enough, yesterday we were approved for a trailer to live in. There is only one place to put anything on our property because of flooding. Our well and septic are shot because of fire and floods so we didn’t think we’d qualify. But we did. We should get it in a couple months,” she wrote.

“All this is to say as much as it stinks dealing with FEMA,” she wrote, “as hard of a fight as it can be, you might just get something out of it.”

Two days later, she added something.

Their case manager had “asked us if we wanted to live in a FEMA trailer park. We told him we’d been approved for a trailer at home and he said there was no record of that. Here’s hoping it’s a paperwork issue!”

She and Larsen waited for word while living nearby in their camper van. By late August, afternoon storm clouds often formed over the mountains, bringing monsoons that seeped through the roof and flooded their land. They worried about further damage to their property while they were away.

Two weeks after her first post, White offered another update. FEMA said the proposed site was in a floodplain, so the couple wasn’t allowed to put a trailer there.

“Our case manager said lots of people have been saying they were told they were approved for a trailer just to be declined,” she wrote. “So the moral of my story is: If a bunch of FEMA people come and tell you you are getting a trailer you still might not be eligible.”

They appealed the decision, but more inspections over the next two months determined that other sites on their property were too far from a septic tank, well or electricity hookup.

The agency also apparently made an error in its denial: Inspection records provided by Larsen showed the proposed trailer site isn’t actually in the floodplain on the map that FEMA says it uses for such decisions.

FEMA officials declined to comment on particular cases without written permission from the people who’d filed the claims.

By early November, as temperatures dropped and a long winter loomed, they’d had enough and decided to move into a dilapidated mobile home on a neighbor’s property. The landowner used it for storage, but at least it had a wood stove.

Larsen likened dealing with FEMA to an abusive relationship. “It really has been the worst part of this whole experience for me,” she said. “I feel capable of doing the work of processing this trauma. But having to keep talking to these people that are just fucking with my mind is pretty intense.”

The Flood That Never Came

It wasn’t just residents who saw that the program wasn’t working. State and local officials asked FEMA to relax its requirements or make accommodations, but the agency didn’t budge.

After FEMA announced in early August that it would provide trailers, officials met with Amanda Salas, the planning and zoning director for San Miguel County, and told her inspections and approvals could take 10 weeks.

Across the burn scar, survivors were arranging inspections with caravans of contractors and FEMA employees who poked around their properties to evaluate possible sites.

In late-September, Salas cleared her desk, expecting a flood of building permit requests from residents seeking permission to place FEMA trailers on their land.

Getting people back was “number one,” she said in an interview. “I need them to be in a warm place, you know?”

The flood of permit requests never came. About 35 people expressed interest in FEMA’s housing program when she told them about it after they showed up in her office to ask questions about cleanup and rebuilding. Most withdrew due to bureaucratic hurdles and delays, she said. Her counterpart in Mora County said he observed the same thing.

FEMA spokesperson Aissha Flores Cruz said in an email that the agency respects survivors’ decisions not to apply.

In mid-October, Salas attended a meeting of local and federal officials. It was her first opportunity to talk to high-ranking FEMA officials in person, and she spoke up.

She told them it didn’t make sense to require electricity, wells or septic systems in a rugged area where people didn’t rely on those services before the fire. She asked FEMA to provide gas generators.

“It seemed like they heard us,” Salas said of the meeting. “But they didn’t do anything about it.”

Meanwhile, state officials sought waivers for the utility requirements and urged FEMA to outfit homes with portable water tanks or composting toilets. The state wanted “to at least get people back in a safe, warm home, on their property,” said Lienemann, the state emergency department spokesperson.

On Dec. 19, as temperatures dropped to single digits in parts of the burn scar, the state had not heard back from FEMA about its request. Ali Rye, an official with the state Department of Homeland Security and Emergency Management, asked for a response and again requested that FEMA approve waivers for high-need cases.

Lienemann said FEMA told the state that it would make decisions on waiving rules on a case-by-case basis. The agency never made any exceptions.

FEMA said federal law doesn’t allow it to waive the rules for its housing programs. And Flores Cruz said FEMA funds cannot pay to reconnect or rebuild utilities because that would be “permanent work” funded through a program intended to be temporary.

Payment for permanent repairs falls to a special FEMA claims office created in January, but it hasn’t cut any checks to survivors yet. Congress set aside about $4 billion in compensation funds in acknowledgement of the federal government’s role in starting the fire.

Sheltered but Not Home

Daniel Encinias is one of the two people who got trailers on their own land. Each month, a FEMA representative stops by and asks for proof that he’s trying to find permanent housing — one of the conditions of living in the agency’s trailers.

He tells them he’s waiting for a check from the $4 billion compensation fund. “The minute FEMA releases the money and gives me enough money to build my home back,” he said, “that’s when things are gonna get done.”

The claims office will handle such requests. It was supposed to start sending out money in early 2023, but the agency is behind schedule.

“I have to tell you, opening an office is hard,” claims office Director Angela Gladwell told a packed lecture hall of frustrated fire survivors at Mora High School on April 19.

FEMA said it now expects to open three field offices to the public this month and it is trying to make partial payments while it finalizes its rules. Case navigators — who are locals who know the communities, the agency pointed out — are reaching out to those who have filed claims for damages.

The throngs of FEMA employees who swarmed into the area last summer to offer short-term aid have moved on. Some survivors are in limbo, running low on disaster aid and lacking the money to rebuild.

For Rex “Buzzard” Haver, a disabled veteran, the first disaster has split into a tangle of smaller ones. After his home burned in May, his family spent nearly $64,000 on a mobile home — more than the roughly $48,000 he’s gotten from FEMA so far. He doesn’t have the money to install a wheelchair ramp.

The company that delivered his replacement home broke its windows, tore the siding and ripped off lights during delivery. But they won’t come and fix it until the county repairs the road to his house. Haver has no washer or dryer, and for months, his satellite TV provider kept calling to collect a dish that had melted into black goo.

Haver didn’t learn that FEMA was offering trailers until several months after his new mobile home arrived in July, according to his daughter, Brandy Brogan. Now he’s in hospice, and he’s struggling.

“He doesn’t feel that he has a purpose anymore,” Brogan said. “There’s nothing for him to do. There’s nowhere for him to go.”

On a recent snowy afternoon, just down the road from Haver, strong winds rushed past blackened trees and through gaps in David Martinez’s trailer. He raised his voice to be heard over the wind.

“I’ve never been a sick man,” he said, wincing. “Till lately.”

Martinez can hardly walk due to his medical problems. The once-avid outdoorsman spends most days sitting in the kitchenette, the space heater on full blast, watching hunting shows on a 16-inch television. He ultimately got $34,000 from FEMA in short-term aid, but he’s down to a few grand.

On a recent afternoon, his sister, Bercy Martinez, and her grand-nephew drove up the washed-out driveway to deliver groceries and bottled water, which she does a few times a week. She loaded her brother’s fridge. “This is very good,” she said in Spanish of the meatloaf she bought. “It’s not too spicy.”

She’d been asking FEMA for weeks about getting her brother a spot in a mobile home park so he doesn’t have to navigate the bumpy road that makes drives to the clinic so painful.

Two weeks ago, she reached a FEMA employee on the phone and asked if the housing program that had arrived too late for her brother could help him now. The answer, she said, was no. He’s no longer eligible because he has a place to live.

FBI investigating after Conservation Voters of NM gets letter with threats and ‘substance’

The FBI is looking into a threatening letter received Wednesday at the Santa Fe office of the Conservation Voters of New Mexico, according to the organization and an FBI spokesperson.

The letter contained a chemical substance, which CVNM said in a statement “contained ingredients of a potent toxin used in terrorist attacks” but that the FBI determined was inert.

Reached Friday, CVNM spokesperson Michael Jensen referred any additional questions about the substance to the bureau. FBI spokesperson Frank Fisher told Source New Mexico on Friday that investigators are looking into the matter and that the substance was deemed not harmful.

“In order to protect the integrity of the investigation, we are not releasing specific details,” Fisher said. “FBI is looking into this substance, which was tested and determined not harmful.”

Anyone with information should call the FBI, he said. Santa Fe Police did not immediately respond to a request for comment.

In addition to the substance, the letter contained campaign material attacking N.M. Rep. Nathan Small (D-Las Cruces), “offensive and threatening language directed at Small, the Democratic Party of New Mexico and CVNM,” along with antisemitic symbols, according to the organization’s statement.

The Conservation Voters staff member who first encountered the letter was sent to the hospital out of precaution, Jensen said, but she was unharmed. No one was injured, he said.

The CVNM office in Santa Fe is now closed and will be until at least after the election, Jensen told Source New Mexico.

In a statement, the organization’s Executive Director Demis Foster condemned what the group called a “politically charged domestic terrorism attempt.”

“We are relieved that no one was harmed, but whoever carried out this vicious act was clearly intending harm,” Foster said.” We want to be completely clear: someone has attempted to cause serious harm to people in our organization as part of a threat against Rep. Small and Democrats more broadly. There is no place in a functioning democracy for anyone to resort to the use of terror because they disapprove of a candidate for public office.”

Small, in the same statement, said it was “devastating” that the staff at CVNM would face such an attack, and he called for an end to dangerous and inflammatory political rhetoric that leads to events like this.

Conservation Voters New Mexico is a nonpartisan organization that pushes for environmental preservation and clean air and water. It also issues policy scorecards for different candidates and makes endorsements.


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.

Investigators suspect it was a metal bullet, not a blank, that killed cinematographer Halyna Hutchins

Santa Fe County Sheriff's Office spokesperson Juan Rios confirmed with Source New Mexico in a phone call after the news conference Wednesday that investigators suspect it was a real metal bullet that killed Halyna Hutchins, 42, last week on the set of “Rust."

Sheriff Adan Mendoza said there was “complacency" on the set of the New Mexico-filmed movie, and practices need to be improved in the film industry to prevent such a thing from happening again.

UPDATE: This story was updated at 1:15 p.m. to reflect new information about the bullet from the Sheriff's Office.

Hutchins, 42, was shot southwest of Santa Fe last week when star Alec Baldwin fired a revolver on set during rehearsal for a scene in the Western based in 1880s Kansas. Director Joel Souza was shot in the shoulder but survived.

Mendoza announced some findings of the investigation Wednesday at a news conference, fielding questions from dozens of local and national journalists. He said investigators suspect the gun Baldwin fired contained a “live round." District Attorney Mary Carmack-Altwies said charges are still possible against those involved, including Baldwin, the film's armorer and an assistant director.

The sheriff also said deputies are still investigating how the live round was placed in the gun Baldwin used, but whatever the case, safety standards were not sufficient to ensure it was discovered before it was placed in the actor's hands.

“There was some complacency on this set," he said. “And I think there are some safety issues that need to be addressed by the industry, possibly by the state of New Mexico, but I'll leave that up to the industry and the state."

The sheriff did not specify what changes could be made to make the set safer, though a cast member told Source New Mexico the film's production schedule was too tight and the crew overworked, and that could have been a factor.

'Rust' cast member: Production was rushed, crew overworked before fatal shooting

It's so far unclear whether the state will adopt any new movie safety laws in light of Hutchins' death. State lawmakers have not yet introduced proposed legislation for the upcoming legislative session.

At least two people came into contact with the gun before it was given to Baldwin for the scene, in which he pointed the gun at the camera.

“The people that inspected or handled the firearm when it was loaded before it got to Mr. Baldwin, we're interviewing," Mendoza said.

Mendoza said everyone questioned so far has cooperated with the investigation.

Evidence collected from the scene, including unspent ammunition, is being analyzed with the help of the FBI. About 500 rounds of ammo were collected.

Two other handguns on the scene that day were collected, but they appear to be disabled or used only as props, Mendoza said.

The sheriff did not indicate when his office might complete its investigation, saying the matter is complex and that much evidence is still being processed.


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.

'Rust' cast member: Production was rushed, crew overworked before fatal shooting

Ian Hudson stared down four pistols and a shotgun Oct. 3, bracing for his on-camera death for the movie “Rust," filmed southwest of Santa Fe.

Hudson raised his pistol, inviting a hail of fake gunfire — at least 22 blanks fired by actors about 20 feet away out of antique, fully-functioning firearms, he said.

The gunfire spat burning cardboard and other tiny projectiles at him, Hudson said, some of which hit his face. He depicted his character, a drunk outlaw, dying from his wounds anyway. Getting hit on a set like that is often just part of the job, he said.

The scene wrapped, so Hudson, who is from New Mexico, could finally leave after a 12-hour day. As he left the set, cinematographer Halyna Hutchins congratulated him on his work, he said.

“She was one of the last people that I spoke to on set at the end of the day, and she commended me for a job well done," he told Source New Mexico. “She made me feel really good about my performance and even took a selfie with me."

Hudson said he keeps thinking about that day, that interaction and especially those pistols. It's “very possible" that one of those same guns killed Hutchins as actor Alec Baldwin practiced with it and prepared to film a scene Oct. 21, he said.

“What really shook me hearing the news of Halyna's death," Hudson said, “was that could have been me. That could have been any one of my friends on set."

Sheriff's deputies are investigating the fatal shooting, which also injured director Joel Souza. News of Hutchins' death spread worldwide and fueled conversation about working conditions in the film industry.

Alec Baldwin was rehearsing a scene in which he points a handgun at the camera when the gun went off, according to a search warrant affidavit. Hutchins was near the camera. Investigators still have not said exactly what type of projectile was in the gun.

The film has a reported budget of $6 million to $7 million and is just the latest big-name film to shoot in New Mexico, a state with a newly flourishing film industry and new site of Netflix's $1 billion production studio.

Hudson's role was the biggest he'd landed in his career as an actor. He had five lines, the crew spent a full day on his scene, and his character's death affected the plot. It was a big step forward, he said, that brought him close to big stars he admired.

But Hudson, 32, is now reconsidering acting as a career, he said, which he's pursued since graduating high school. And he is speaking out in hopes the executives in charge of productions like “Rust"' stop treating employees as interchangeable cogs in a money-making machine.

“The higher-ups need to pay more attention to how they would feel if they were in the position of the cast and crew working 12-plus hours," he said. “They need to put themselves in their shoes and think about these people's families and these people's lives. For them it's about making money and saving money to reach their deadline."

'Faster and faster'

There was nothing noticeably lax about the safety standards on the “Rust" set, Hudson said, which is kind of the point. He's had parts in other local productions, like “Manhattan" and “Longmire," and he said he didn't immediately notice anything different.

In fact, he overheard director Joel Souza praise the film's armorer, Hannah Gutierrez-Reed, for dutifully calling out when weapons were armed with blanks or were disarmed. The director told her she was well on top of things amid the breakneck pace, Hudson said.

“I thought the same thing," he said. “She was going with all the safety protocols. And she was moving at the speed that they were pushing us for, which continued to move faster and faster."

Hudson was not on set the day Hutchins was killed, and he has no specific insight as to whether the gun Baldwin used could have been improperly loaded with live ammunition or with so much gunpowder as to make a blank a lethal projectile.

But he did add that the pace of the film seemed unsustainable, even on the third day of filming, when he acted for his death scene. They were already a half-day behind on that day of filming, he said.

“I think that because of the rushed nature, an oversight was definitely something that could have happened," he said. “And because of that, it wasn't very surprising, but it was extremely surprising at the same time, right? Like, this shouldn't happen. What the hell?"

That artificial timetable is designed just to save money and is often why many crews cut corners, he said.

“But hopefully this brings some light to the big producers, bigger companies that are running the show here. Amazon, Netflix, all those people, they can relax," he said. “They've got huge amounts of money and resources. And the people who are working, they're doing it out of the passion for their craft, but they're also doing it to put food on the table for their family."

'Extra, extra safe'

He said the working atmosphere on the Old West set that actors seemed to trust themselves and the cast enough to not interrupt production with too many safety checks, he said. He also didn't feel comfortable putting himself out there to raise objections, as a new actor with such tight deadlines.

But he said the safety checks were adequate, at least based on what he'd expect in the industry.

“I was honored to be working with some of the bigger name stars, and before we operated our weapons, we all triple-checked our weapons to make sure that the rounds were, in fact, cold," he said. “We were trying to be extra, extra safe."

That doesn't mean existing practices are enough, he said.

To ensure safety, he said, there needs to be an entire day spent on protocols before production begins, instead of just pre-scene briefings. Filmmakers should eliminate the use of blanks entirely and instead foot the added cost of computer-generated gunshot graphics. And production schedules should be lengthened to help workers stay alert enough to avoid deadly mistakes.

This is what's important in on-set safety

“These people didn't intend to hurt anybody, whether or not they were rushed," Hudson said. “The circumstances on set could have been a lot safer, just because of scheduling and time constraints."

A handful of “Rust" crew members walked off the set early in production, incensed about low pay and long hours. That should have sent a message early on to slow things down and check in with employees, Hudson said.

“We're so focused in this day and age of rush, rush, rush, and never stopping to just take a breath," he said.

He said he hopes the tragedy of Hutchins' death sparks change. He suggested that the news would not have spread nearly as far if someone less famous than Alec Baldwin had wielded the gun in the fatal shooting. Lower-level cast and crew sustain injuries all the time, he said, and it doesn't make the news.

“I feel like if I were shot on set and hurt, this probably wouldn't be in the limelight as much as it is," he said.

Hudson said he appreciated how Hutchins took time to compliment him after a hard day's work. Her death is “truly a tragic loss," he said, one that has shaken him to his core.

He wishes he had the selfie she took, he said.

“But it is still on her phone," he said, before collecting his thoughts. “It was something that I felt inspired and empowered by. It was truly a tragic loss."


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.