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THE 13TH JUDICIAL DISTRICT ATTORNEY S REPORTER THE

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THE 13TH JUDICIAL DISTRICT ATTORNEY S REPORTER THE Powered By Docstoc
					                          THE 13TH JUDICIAL DISTRICT ATTORNEY’S
                                                            REPORTER


                                                                                              Issue 16 June/July 2011

       13th Judicial                        Serving Cibola, Sandoval, and Valencia Counties
     District Attorney
                                                                 Martinez Message
          Reporter                 The 13th Judicial District Attorney’s Office’s Third Annual Drugs, Gangs and Prosecution Confer-
  333 Rio Rancho Blvd.             ence will be held June 22nd and 23rd from 8 a.m. to 5 p.m. at the Holiday Inn Express in Belen.
                                   The two-day specialized training on drugs and gangs is available to law enforcement and prose-
           Ste. 201                cutors throughout the State of New Mexico. The conference will include cross-training with
 Rio Rancho, NM 87124              prosecutors, agents and officers involved in drug trafficking and gang-related cases.

                                   Our goal is to emphasize the value of collaboration among local law enforcement and the District
   Annette Martinez-Varela         Attorney’s Office in the investigation and prosecution of drug-trafficking and gang activity. This
          Publisher                goal can be achieved most effectively through a multidisciplinary approach to investigation. This
                                   year’s conference will focus on how to conduct a successful investigation and prosecution of these
          Suggestions              types of crimes. Law enforcement credit hours and prosecution credit hours have been applied
         please send to
                                   for. The conference agenda can be viewed on page 8 & 9.
13specialprograms@da.state.nm.us
                                   We are inviting all prosecutors, law enforcement and investigators throughout the State of New
                                   Mexico who work in the investigation and prosecution of drug and gang related crimes. A ban-
***************************        quet will be held Wednesday, June 17 for all attendees. We will have several speakers as well as
                                   door prizes.
 INSIDE:                  Pages:   There have been several events happening around the community. I spoke at several Senior Cen-
 Martinez Message                  ters within our district to specifically talk about scams that are happening around our communi-
                                   ties. I was invited to do several speaking engagements at schools on cyber bullying and internet
 Legal Corner                2
                                   safety. In our society today there are several ways that children are exposed to different kinds of
 Staff Profile               3     internet communication. It is very important that we explain how dangerous it can be to meet
                                   people on the internet and give out personal information such as: full names, address, and
 High Profile Cases          4
                                   phone numbers (cell, home and work). It is our duty to educate our children and communities in
 Around the Water           4-9    order to keep our families safe.
 Cooler
                                   I was also invited to speak to the Criminal Justice Club and ITT Technical Institute. It really gave
                                   me a depth insight on how our younger generation is interested and so eager to learn about the
***************************        criminal justice system.

                                   In addition, I was honored to be invited and attend so many high school graduations in all three
                                   counties. To see all these young faces glowing and so excited as they walked up to receive their
  Featured Staff Profiles:         diploma, it made me realize these individuals are our future! Congratulations' to all our gradu-
     Sandoval County               ates!
  Support Staff (Opener,                                                            Regards,
    Felony Secretaries,
   Magistrate Secretary,                                                            LEMUEL L. MARTINEZ
                                                                                    13th judicial District Attorney




                                                                                El Malpais, Grants, New Mexico
Legal Corner                                                                                                                    Page 2




                                  GUN CONTROL AND SUPREME COURT
                          By: Robert Baca, Assistant Trial Attorney Sandoval County

      In the aftermath of the tragic shootings that occurred in Tucson , Arizona on January 8, 2011, gun control is once again
   a national topic of debate.
     Both the proponents and opponents of firearm restrictions would do well to review the opinion of the U.S. Supreme
   Court in District of Columbia v. Heller, 554 US 550 (2008) which dealt extensively with this issue.
      Because the District of Columbia is a federal enclave, the holdings in Heller were not immediately applicable to the
   States. However, in the subsequent U.S. Supreme Court opinion in McDonald v. Chicago, 561 US _____, (2010), Heller,
   was made applicable to the States using the due process clause of the Fourteenth Amendment. This article discusses only
   Heller.
     The Heller and McDonald cases are considered landmark cases for their holding that the Second Amendment protects
   an individual right connected to the natural right of self defense but unconnected to any service in the military. The issue
   as to whom the Second Amendment conferred the right to bear arms had been debated for decades and now it was finally
   settled.
      Justice Scalia, writing for the majority cautioned, that the Second Amendment does not provide an unlimited right to
   firearm ownership. While attempts to restrict the use of firearms generally used for self defense purposes would be un-
   constitutional, the Court held that “Dangerous Weapons” not generally used for lawful purposes such as M-16 rifles and
   some assault weapons could be banned.
      What type of firearms can be banned will certainly be an issue that will receive a lot of attention. Restrictions on ma-
   chine guns and assault weapons are certain to face a challenge.
      While proponents of gun control struggle to enact restrictions of certain types of firearms and still satisfy the
   “commonly used for self defense” test, proposals to enact prohibition against large capacity ammunition feeding devices
   and certain types of armor piercing bullets are also being developed. These also will undoubtedly be challenged. Unfortu-
   nately, the Court did not set out the standard of reviews that would be used to determine if these enactments pass consti-
   tutional muster. One can only guess as to how the Courts will rule on these proposals.
      Finally, the Court in discussing limitations of the Second Amendment state emphatically, that nothing in the opinion
   should be taken to cast doubt on prohibitions on the possession of firearms by felons, the mentally ill, or laws which ban
   the carrying of firearms in sensitive places such as schools and government buildings.
      It should be clear that even after the Heller and McDonald opinions, much remains to be answered and a flood of litiga-
   tion is surely coming.


   Let the debate begin
Staff Profiles                                                                                          Page 3




                            SANDOVAL COUNTY SUPPORT STAFF




    MICHELE ZAMORA, Supervising                                                               REGINA LOVATO, Secretary -
    Secretary - Michelle has worked for the                                                   Regina has been with the DA’s Office
    DA’s office as supervising secretary since                                                for over 5 years and is assigned to the
    2005. She had worked for the DA’s office                                                  felony division and provides staff sup-
    back in 2001 thru 2003 in the Magistrate                                                  port for Attorney’s Kevin Graham and
    division. She also has a certificate as a                                                 Kimberly Curry. Previously she worked
    paralegal and eventually wants to go back      Pictured: front - Christina Varela, Mi-    in the grand jury division. She says she
    to school to get her degree. Michelle says     chelle Zamora; back - Regina Lovato,       enjoys the work and her co-workers.
                                                         Cheryl Woosley Grose and
    she loves working for the prosecution, “it’s                                              “Everyone has always been supportive
                                                               Patricia Trujillo
    a job that actually has meaning because                                                   and helpful throughout my time with
    they work with the community to clean up                                                  the 13th”. She is originally from Farm-
    crime on the streets and in neighbor-                                                     ington and the youngest of 12 siblings.
    hoods.” She also enjoys working with the                                                  Regina moved to Albuquerque about 13
    support staff and says “they’re the best.”                                                years ago. She has two children Aubrey
    When she’s not at work, she is spending                                                   7 and Christopher 4, she says that they
    time with her 2 sons, that she says are her                                               keep her real busy. Regina is planning
    “pride and joy.”                                                                          to be married in Spring of 2012 to
                                                                                              Christopher, “a task all on its own” she
                                                                                              says. She enjoys camping, taking pic-
                                                                                              tures and spending time with family.




                                                   CHERYL WOOSLEY GROSE
                                                   Began her career with the hospi-
                                                   tality industry in administrative
                                                   work within the sales/
                                                   management division. As an ho-
   PATRICIA TRUJILLO, Secretary               -
                                                   telier, it lead her to be involved
   Patricia was born in Watsonville, California
                                                   with Albuquerque Chamber of               CHRISTINA VARELA, Secretary -
   and relocated to New Mexico in 1976, where
                                                   Commerce, Albuquerque Conven-             Graduated from Rio Rancho High School
   her family bought a small ranch in Trujillo,
                                                   tion and Visitors Bureau and the          in 2006 and is currently taking classes at
   NM. She graduated from West Las Vegas
                                                   Hispanic Chamber of Commerce.             CNM . She started working in the judi-
   and acquired a degree in Accounting. She
                                                   Cheryl also worked as a model for         cial system at the age of 16. She has
   has worked for 13th DA’s office for almost 6
                                                   National /Local Commercials and           worked for the Metropolitan Court, the
   years. Before working here Patricia worked
                                                   did voice over’s for local radio          2nd and 13th Judicial District Courts.
   in the private sector for Flowserve which
                                                   stations, before coming to the            Christina has been with the 13th DA’s
   made pumps for gas and oil as a Production
                                                   13th DA’s office . She said that          office for about 4 years. Her hobbies in-
   Planner. She has been married to Robert
                                                   she has “her own heaven on                clude watching the Raiders, Celtics and
   Trujillo for 23 years and has three sons:
                                                   earth” with three daughters, one          Motor Cross. She also enjoys camping
   Robert, Aaron and Jordan. Her hobbies
                                                   son, six grandsons and one grand-         riding dirt bikes and traveling with her
   include fishing , camping, branding cattle
                                                   daughter and her dear husband             family and friends to watch her Raiders
   and watching NBA games.
                                                   and soul mate.                            play.
Around the Water Cooler                                                                                                               Page 4


CCRT MEETINGS ARE HELD MONTHLY IN EACH COUNTY.
(Please come join us)

Cibola County Victims Need Crystallized Meeting
3rd Tuesday of every month, 10:30 am to 12:00 pm
Coyote Del Malpais Golf Course

Sandoval County Domestic Violence Community Coordinated Response
(SCDVCCR) Meeting
2nd Wednesday of every month, 11:30 to 1:00 pm
Rio Rancho Police Department, 500 Quantum Rd., RR, NM

Valencia County Coordinated Community Response Team (CCRT) Meeting 3rd
Tuesday of every month, 11:30 am to 1:00 pm, Los Lunas Railroad Station,
(Conference Room) 101 Courthouse Rd.. NE LL, NM

                                                                                                   HIGH PROFILE CASES
                     TRAVEL REIMBURSEMENT TIPS
                                                                                         Cibola County:
                  By: Brenda Rael, Chief Financial Officer
                                                                                         St. vs. Tommy Armendariz; Murder in the 2nd
Department of Finance (DFA) Rule 95-1 outlines the standard rules for reim-              degree
bursement for all state employees. I will point out a few rules to ensure you are
                                                                                         St. vs. Erik Krohn; 17 cts of Burglary of a Vehi-
aware of what is or what is not allowed when traveling on state business. There
                                                                                         cle, 15 cts Larceny (under $250.00), Non-
are two types of reimbursement: Per Diem Rates and Actual Expenses in Lieu of            Residential Burglary
Per Diem Rates. In-house rule: All Travel must be pre-approved by your Deputy.
                                                                                         St. vs. David Quintana; Murder in the 2nd de-
Per Diem Rates for employees where overnight lodging is required shall be reim-          gree
bursed as follows: in state areas - $85.00; in state special areas (Santa Fe) -          St. vs. Jadrain Lucero; Abuse of a child
$135.00; and out of state areas - $115.00. Upon written request of the employee,         (Resulting in Death)
the District Attorney (agency head) may grant Actual Expenses in lieu of Per Diem
                                                                                         Sandoval County:
Rates. Actual Expenses allow for actual hotel charges not exceeding the single
occupancy room charge and not to exceed $215.00 per night. Actual reimburse-             St. vs. Xavier Gutierrez; Abuse of a child—
ments for meals are limited to a maximum of $30.00 for in state travel and               intentional (resulting in great bodily harm)
$45.00 for out of state travel for a 24-hour period to include a maximum of 18%
                                                                                         St. vs. Eric Caldwell; Child abuse 1st degree
tip. All meal receipts submitted should be itemized showing what meal or drink           (resulting in great bodily harm); indicted by grand
you had (excluding alcohol) and preferably limited to one person per ticket. A           jury
credit/debit card receipt from a food establishment is not acceptable. Cab/shuttle
fare may be reimbursed to and from the airport and hotel, however fares to sight         St. vs. Elizabeth Villareal; Child abuse 1st de-
                                                                                         gree (resulting in great bodily harm); indicted by
see are not allowed. Reimbursement is only allowed if you are traveling beyond a
                                                                                         grand jury
35 mile radius from the designated post of duty. Reimbursement for baggage fare
is also being limited in that travelers should make every effort possible to pack        Valencia County:
lightly to avoid baggage fees and under no circumstances may the State reimburse         St. vs. Steven Ayers; 1st Degree Murder; in-
a traveler for fees caused by the traveler’s personal affairs. Travel will only be re-   dicted by grand jury
imbursed the day prior to official business and the day after as long as it is consis-
tent with the time allowed for traveling and time of the business.                       St. vs. Jeremiah Carroll; CSP 2nd degree
                                                                                         (Aided or Abetted by Another) CSC of a Minor in
You may be reimbursed for driving your personal vehicle for official business            the 2nd degree (Aided or Abetted); indicted by
                                                                                         grand jury
based on your beginning and ending odometer reading or Rand Mc-Nally map
reading at a rate of .40 per mile. This again needs to be pre-approved as it is al-      St. vs. Jake Sanchez; CSP 2nd degree (Aided or
ways recommended to take a state vehicle.                                                Abetted by Another) CSC of a Minor in the 2nd
                                                                                         degree (Aided or Abetted); indicted by grand jury
There are other rules pertaining to travel but these are the basics. If you are going
                                                                                         St. vs. Levi Chavez; Murder in the 1st degree,
out on travel I would be happy to review this with you and am available to answer
                                                                                         tampering with evidence ; indicted by grand jury
any other questions pertaining to travel. Remember, when in doubt - Save your
receipts!                                                                                St. vs. Curtis Peralta ; CSP 2nd degree (Aided or
                                                                                         Abetted by Another) CSC of a Minor in the 2nd
                                                                                         degree (Aided or Abetted); indicted by grand jury
Around the Water Cooler                                                                                             Page 5



                  “Things turn            out best for the people
      who make the best out of the way things turn out. “
                                      ~Art Linkletter


                                                                                             Happy
                                                                                                Birthday!
                                              Upcoming Events                                           JUNE
                                                                                                   Leslie Herbst (9)
                                                                              June (2011)
                                                                                             Adaline Nuanez-Baca (12)
                                                                          Flag Day (14)      Kristina Faught-Hollar (16)
                                                                                                Michelle Zamora (24)
                                                                      Father’s Day (19)
                                                                  Summer Begins (21)                   JULY
                                                                                                Karen Marquez (10)
          3rd Annual Gangs, Drugs and Prosecution Conf. (22 & 23)                              Lemuel Martinez (14)
                                                                              July (2011)       Joshua Jimenez (21)
                                                                                               Brittney Echols (23)
                                                      Independence Day July (4)




              AMERICAN & NATIONAL BASEBALL TEAMS
  A   J   S   S   O   U   O   S   Y   W   O   O   B   H   U   M   M   O   S   E
  I   T   L   T   S   B   U   C   H   J   D   T   O   S   T   M   E   G   E   T   ANGELS     ASTROS         ATHLETICS
  B   W   H   V   N   S   K   I   W   X   O   S   W   Q   Q   R   T   A   R   F
  T   R   W   L   O   A   T   Y   T   S   I   N   D   I   A   N   S   D   D   C   BAYRAYS    BLUEJAYS       BRAVES
  W   C   E   R   E   E   I   I   F   E   N   C   G   R   N   M   G   W   A   V
  N   S   T   W   S   T   G   G   O   I   I   P   S   I   A   S   I   T   P   N   BREWERS    CARDINALS      CUBS
  R   S   M   O   E   E   I   D   G   L   C   S   R   E   I   N   R   A   M   N   DIAMOND-
  A   D   X   Y   R   R   B   C   Z   L   N   M   R   C   T   J   G   S   G   W              DODGERS        GIANTS
                                                                                  BACKS
  W   E   B   S   E   A   S   E   S   I   A   N   V   A   S   A   E   E   F   V
  Q   F   B   D   Y   N   S   Z   J   H   B   G   Z   R   X   L   R   C   L   J   INDIANS    MARLINS        MARNIERS
  D   K   S   R   I   A   F   O   D   P   T   N   Z   D   O   Y   E   I   C   S
                                                                                  METS       ORIOLES        PADRES
  Q   R   A   L   J   X   J   S   L   A   Y   O   R   I   O   A   D   C   P   S
  W   Y   R   R   C   A   S   E   O   H   O   Z   R   N   Z   N   S   J   K   K   PHILLIES   PIRATES        RANGERS
  S   A   A   J   A   Q   R   B   U   J   E   O   F   A   T   K   O   H   S   V
  M   R   O   C   K   I   E   S   H   L   P   E   P   L   V   E   X   A   D   I   REDS       REDSOX         ROCKIES
  B   R   A   V   E   S   G   Z   R   Z   B   M   U   S   R   E   G   N   A   R
  M   X   Y   Y   P   F   D   I   A   G   Y   G   E   A   J   S   J   C   V   F   ROYALS     TIGERS         TWINS
  X   D   D   I   A   M   O   N   D   B   A   C   K   S   W   Z   H   O   F   E
                                                                                  WHITESOX   YANKEES
  F   K   Y   J   Q   F   D   N   C   P   F   C   K   G   V   E   T   L   I   K
  A   Z   D   C   W   R   N   W   X   W   F   I   M   Q   V   X   O   Z   F   V
Around the Water Cooler                                                Page 6



                      NM DISTRICT ATTORNEY’S ANNUAL SPRING
                           CONFERENCE BOWLING NIGHT




       RIO RANCHO MEMORIAL DAY         GREATER SANDOVAL COUNTY CHAMBER OF
               PARADE                       COMMERCE MEET AND GREET
Around the Water Cooler                                                                                             Page 7




   13TH JUDICIAL DISTRICT
   ATTORNEY’S
   3RD ANNUAL GANG, DRUG
   AND PROSECUTION
   CONFERENCE
   CIBOLA COUNTY                                 PLEASE COMPLETE REGISTRATION FORM
   SANDOVAL COUNTY VA-                          NAME:______________________ TITLE:______________________
                                                STATE BAR # (ATTORNEY’S ONLY)________________________
   LENCIA COUNTY                                ORGANIZATION:________________________________________
                                                ADDRESS:___________________ CITY:_______________________
   LEMUEL L. MARTINEZ                           STATE___________ZIP________ PHONE:____________________

   13TH JUDICIAL DISTRICT                       EMAIL:________________________             PLEASE RSVP TO:

                                                HTTP://WWW.DA.STATE.NM.US/DISTRICTS/THIRTEENTH/
   ATTORNEY                                     INDEX.HTML
   Take I-25 to Exit 191 to Camino Del Llano.   OR EMAIL:
   Turn right at Camino del Llano/Delgado Rd    SGALLEGOS@ DA.STATE.NM.US OR FAX (505) 861-7016
   NM-548/Sosimo Padilla Blvd.
                                                Mail to: 13th Judicial District Attorney’s Office 101 S. Main Street, Suite
   June 22nd & June 23rd, 2011 7:30             201 Belen NM 87002

   am – 5:00pm                                  Registration is Free

                                                But are asking for a donation of hygiene products for the
                                                                                     local shelter




   Holiday Inn Express
   2110 Camino Del Llano
   Belen, NM 87002 Tel: 1+ 505 861-5000
Around the Water Cooler                                                                                Page 8




                                                        13th Judicial District Attorney’s Office 3rd Annual
                                 Victim Advocate
                                                        Gangs, Drugs, and Prosecution Conference 2011
                                Conference Agenda       Belen, NM 87002




   WEDNESDAY JUNE 22ND             Bosque Room                           AUSAs Linda Mott &
   REGISTRATION – 7:30 AM -                                              Reeve Swainston
                                   1:00pm – 3:00pm
   8:00 AM                                                               Lunch
                                   Prison Gangs and Drugs John
   OPENING 8:00 AM -8:30 AM        Soloman, New Mexico DOC Intelli-      12:00pm- 1:00pm
   WELCOME ADDRESS- LEMUEL         gence Unit
                                                                         Working Lunch Rio
   MARTINEZ, 13TH JUDICIAL         Break:                                Grande Room How gangs
   DISTRICT ATTORNEY                                                     have emerged Robert J.
                                   3:00 pm- 3:15pm
                                                                         Duran, PhD NM State Uni-
   PRESENTATION OF THE FLAGS       Bosque Room                           versity Department of Crimi-
   INVOCATION                      3:15 to 5:00                          nal Justice Conference News
                                                                         Ron P. Lopez, Valencia
                                   Rekindle the Sprit Patrick            County DDA Break 1:00 pm
   Bosque Room                     Trujillo                              -1:15 pm
   8:30 am – 10:30 am              *********************                 Bosque Room
   Coalition to Stop Violence      Thursday June 23rd                    1:15 pm- 2:30 pm
   Against Native Women            7:30 am -8:00 am Meet & Greet         Crossroads For Women
   Carman Tucson, Co-Coordinator   Rio Grande Room                       KC Quirk, Executive Director
   Break                           8:00 am – 9:00am Prosecution          Bosque Room
   10:30 am to 10:45 am            of Gang and Drug-related              2:45 pm -3:30 pm
                                   Crime from Kenneth J. Gonzales,
   Bosque Room 10:45- Noon I                                             Locating Victims for Pa-
                                   United States Attorney and Lanny
   Represent Victims of Crime                                            role Hearings and other
                                   Breuer, Assistant Attorney Gen-
   Bert Parnall                                                          Court Proceedings
                                   eral, USDOJ-Criminal Division
   Lunch                                                                 Adaline Nuanez-Baca, 13th
                                   Bosque Room
   12:00 pm – 1:00pm                                                     Judicial DA Office V A Coor-
                                   9:00 am – 11:30 am US Attor-          dinator Valerie St. John,
   Lunch is on your own            ney’s Anti-Gang Initiative
                                                                         13th Judicial DA Investigator
                                                                         Assistant

                                                                         Grand Finale Door Prize Give
                                                                         away

                                                                         Thank you for attending!
Around the Water Cooler                                                                                    Page 9




                                                            13th Judicial District Attorney’s Office 3rd Annual
                                      Investigator and
                                                            Gangs, Drugs, and Prosecution Conference 2011
                                        Prosecution         Belen, NM 87002

                                   Conference Agenda



   WEDNESDAY JUNE 22ND                 Break:                                Lunch
   REGISTRATION – 7:30 AM -            3:00 pm- 3:15pm                       12:00pm- 1:00pm
   8:00 AM
                                       Rio Grande Room                       Working Lunch Rio
   OPENING 8:00 AM -8:30 AM                                                  Grande Room How gangs
                                       3:15 to 5:00
   WELCOME ADDRESS- LEMUEL                                                   have emerged Robert J.
                                       Legal Updates Elliot Guttmann         Duran, PhD NM State Uni-
   MARTINEZ, 13TH JUDICIAL
                                       Attorney and Instructor NM Law        versity Department of Crimi-
   DISTRICT ATTORNEY                   Enforcement Academy                   nal Justice Conference News
   PRESENTATION OF THE FLAGS           *********************                 Ron P. Lopez, Valencia
   INVOCATION                                                                County DDA Break 1:00 pm
                                       Thursday June 23rd                    1:15 pm
                                       7:30 am -8:00 am Meet & Greet         Rio Grande Room
   Rio Grande                          Rio Grande Room                       1:15 pm– 3:30 pm
   8:30 am – 12:00 pm                  8:00 am – 9:00am Prosecution          New Drug Trends Brian
   Understanding West Coast            of Gang and Drug-related              Salle, Detective Albuquerque
   Gangs and Drugs                     Crime Kenneth J. Gonzales,            Police Department
                                       United States Attorney and Lanny
   Wesley D. McBride (Retired) 35                                            Valencia Room
                                       Breuer, Assistant Attorney Gen-
   Years, Los Angeles S.D., Current
                                       eral, USDOJ-Criminal Division         1:15 pm -3:30 pm
   Executive Director California
   Gang Investigator Assoc.            Bosque Room (Prosecutor)              Gang and Drug Activities
   Break                               9:00 am – 11:30 am US Attor-          BCSO Deputies Matt Wolke,
                                       ney’s Anti-Gang Initiative            Eric Kuebler and Anthony
   10:30 am to 10:45 am
                                       Rio Grande (Investigator)             Allen
   Lunch
                                       9:00 am – 11:30 am                    Grand Finale Door Prize Give
   12:00 pm – 1:00pm                                                         away
                                       Advanced Gangs Chuck
   Lunch is on your own                                                      Thank you for attending!
                                       Schoville (RMIN)
   Rio Grande Room

   1:00pm – 3:00pm

   NM Southern Gang Sgt. Pat-
   rick Doyle, Las Cruces Police
   Dept.

				
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