Voters approaved a constitutional amendment that aimed to release low-risk defendants
LOVINGTON, N.M. (AP) — Authorities in one southeastern New Mexico community are frustrated with the state’s bail reforms, saying the justice system is now failing Lovington and residents, business owners and churches are being victimized by repeat offenders who are released from custody.
Police officers tell the Lovington Daily Leader they know many offenders on a first-name basis because they have to arrest them over and over — often for the same charges but different victims.
“We keep locking them up, but the bail bond laws have changed where they now get right out and commit crimes the next day, and sometimes the same day,” says Detective David Miranda.
A constitutional amendment approved by voters in 2016 cleared the way for judges to detain defendants facing felony charges in jail pending trial if prosecutors prove by clear and convincing evidence that the individual is so dangerous that nothing other than detention will reasonably protect public safety.
The change also was aimed at releasing low-risk defendants who otherwise may have remained in jail because they did not have the means to make bond.
Prosecutors, public defenders, judges and law enforcement all have voiced concerns with different aspects of the system in recent years.
A committee appointed by the New Mexico Supreme Court finished hashing out recommendations in May for amending some of the rules that govern whether defendants can be locked up pending trial. It will be up to the high court to accept, reject or even modify the recommendations.
In Lovington, police point to Leroy Juarez, 28, who has been charged 26 times in the last two years. He has been arrested for break-ins at a number of churches, a hair salon, a mobile phone retailer and residences.
Part of the frustration has been that Juarez has yet to be tried on any charges. Most of his cases have been dismissed after he was found incompetent by a doctor chosen by his defense.
District Attorney Dianna Luce said the state Supreme Court changed the rules regarding competency about a year ago.
In the past, the defense or court could raise the issue of competency and the prosecution would get an expert to evaluate the defendant. Now, the court runs the process and uses a limited list of evaluators that are available in the state. Only one evaluator is available for the southeast district, which means the same person determines competency every time.
The court can make a finding of dangerousness if a defendant is likely to commit serious harm in the future. Then, the person can be held at a state hospital where they get proper treatment, Luce said.
In Juarez’s last case, prosecutors filed a motion to keep him in jail while the state calls for an independent evaluation. The judge agreed, ruling that Juarez posed a danger to the community and would remain in custody.
Bridges said the level of anger in the city is rising.
“We all become angry at what is going on and feeling powerless in some ways,” he said. “But, you know that anger can turn into violence — we have proven time and again it will find a home.”
Luce acknowledged the cycle of repeat offenders terrorizing the community, suggesting that in some cases a team of mental health caretakers who have resources and are properly trained might be a better option.
“Ultimately what they need is help,” Luce says.
