Crime

Gov. Martinez: Top advisor, others have ‘done nothing wrong’

New Mexico Gov. Susana Martinez told reporters Monday afternoon the FBI has interviewed her and others regarding an investigation into her top political advisor, Jay McCleskey, and allegations of fundraising violations.

“I’m confident that neither Jay nor anyone else has done anything wrong,” Gov. Martinez said. “And if they can’t beat him, they’re just going to smear him.” Continue reading

APD Officer Daniel Webster honored at memorial service

There was not a single empty seat inside the Kiva Auditorium on the day the community said goodbye to Albuquerque Police Officer Daniel Webster.

Tuesday, all 2,300 seats were filled with Officer Webster’s family, friends and fellow law enforcement officers. Even people who didn’t know Officer Webster attended his funeral service inside the Albuquerque Convention Center.

Webster, 47, was an officer with APD for almost nine years. He died last Thursday, eight days after he was shot during a traffic stop at Central Avenue and Eubank Boulevard.

As the service started, family pictures of Webster and his loved ones flashed on two video screens above the crowd. Fellow law enforcement officers saluted as the officer’s casket, draped by an American flag, was carried into the auditorium.

The best friend of Officer Webster’s widow delivered the eulogy, talking about the 20 years he spent in the U.S. Army as a paratrooper before joining the Albuquerque Police Department.

“Dan loved to be on his Harley, work in his garden, cook, play chess on his phone and play with his new puppy, Sage, a very high-energy German shepherd. Dan was a very private man and enjoyed his time home alone with his wife and their dogs. Lastly, Dan loved his job and always went to work with a smile,” Christy Miller said.

Officer Webster is survived by his three adult children, Rebecca, Danielle and Ashleigh, and his wife, Michelle Carlino-Webster, who is a Bernalillo County sheriff’s deputy.

Watch: Daughters read scriptures at Officer Webster’s funeral

“Dan thought he was Batman, and in a way, he really was,” Carlino-Webster said during the memorial service at the Kiva Auditorium in the Albuquerque Convention Center. “He really loved his job and protecting people.”

Carlino-Webster shared several stories about Webster, calling him a “goober,” a true man of servitude and a cop with the highest integrity.

Watch: Officer Webster’s wife delivers informal eulogy

“All of us have a job to do, we have to continue his legacy,” she said. “We can make a difference. I will be that voice for you, Dan. I will be your advocate.”

Carlino-Webster also thanked the Albuquerque community for its support, saying Officer Webster would have been overwhelmed.

Gov. Susana Martinez also spoke during the service and discussed the day Webster saved a baby’s life by performing CPR.

“Albuquerque’s superhero officer, Dan Webster, looking down on us today and every day that you put on that uniform—everyone in this building—when you put on that uniform, he is with you because he understands that just a simple citation, a simple incident can become deadly. And that is why we must pull together as a city and community in the name of Dan.”

Watch: Gov. Susana Martinez speaks at Officer Webster’s funeral

Albuquerque Police Chief Gorden Eden spoke of Webster’s service in the U.S. Army and with the department, saying he had a servant’s heart.

“We, the Albuquerque Police Department, were blessed the day he came to work for us. He demonstrated his leadership in the academy, he demonstrated an attitude of caring and courage and a word that I heard in the hospital from many, many people was he rescued them,” Eden said.

Watch: Chief Eden speaks at Officer Webster’s funeral

Watch: APD Officer Reads “Sheepdog” and “Warrior’s Creede”

So many people showed up for the funeral service that organizers had to set up an overflow roomwhere people could watch the service through a video feed.

Following the service, community members wearing blue lined the streets for the officer’s procession. The route was decorated with blue ribbons and banners on Monday and gifts were left at the Strong Thorne Chapel of Daniels Funeral Home.

The funeral procession for Officer Daniel Webster made a stop at the Albuquerque Police Department’s main substation for his final dispatch Tuesday.

Listen: Final dispatch call for Officer Webster

Military funeral honors were performed at Vista Verde Memorial Park in Rio Rancho. A handful of military planes and helicoptersperformed a flyover at the honors service.

View: Funeral Procession Route

Watch: KOB’s earlier coverage from 5 p.m. and 6 p.m.

See photos from the service and procession below. On a mobile device? Click here.

With Elizabeth Reed. This story was originally published at KOB.com

Man accused of killing 4-year-old girl charged with federal crimes

Tony Torrez, the man accused of shooting and killing 4-year-old Lilly Garcia in a road rage incident last week, has been charged with federal firearm and drug trafficking crimes by the Drug Enforcement Administration.

A federal criminal complaint charges Torrez with marijuana possession with intent to distribute and carrying a firearm while committing drug trafficking crimes.

The U.S. Attorney’s Office in Albuquerque say Albuquerque Police Department detectives watched Torrez load “items” into a car at his house, which a woman then drove away in. Police arrested Torrez shortly thereafter in a separate Lexus sedan. Police obtained warrants to search both vehicles and Torrez’s home.

When the warrant was executed, APD found shoe boxes filled with money, marijuana and THC oil wax at Torrez house, according to the U.S. Attorney’s Office. The DEA then obtained a federal warrant to seize the items and cash.

When warrants were executed on the two vehicles, agents allegedly found money and a small amount of marijuana in the Lexus. In the Toyota, agents found large bags of marijuana, two revolvers, two rifles, a bulletproof vest, suspected cocaine and paraphernalia.

The money taken from Torrez’s home and the two vehicles totaled $64,000.

If convicted of the two federal charges, he faces at least five years in federal prison. The firearm charge carries a mandatory five-year minimum sentence and the marijuana trafficking charge carries a maximum of five years.

Torrez is currently being held at the Metropolitan Detention Center on a $650,000 cash bond for his state charges: first-degree murder, aggravated battery with a deadly weapon, assault with intent to commit a violent felony, shooting from a motor vehicle, child abuse resulting in death and tampering with evidence.

His federal charges carry a no-bond hold.

This story originally appeared at KOB.com

APD Officer Daniel Webster dies from injuries

Albuquerque Police Department Officer Daniel Webster died from his injuries at the University of New Mexico Hospital early Thursday, the department has confirmed.

Officer Webster was shot multiple times during a traffic stop in southeast Albuquerque on Oct. 21. He died around 2:30 a.m. Thursday.

Watch: Press Conference on Officer Webster’s Death

Albuquerque Police Chief Gorden Eden released a statement Thursday morning:

“It is with deep sorrow that I inform you our colleague and brother, Officer Dan Webster, has succumbed to the injuries that he sustained during a traffic stop on October 21, 2015. Officer Webster fought valiantly for his life, however, his injuries were too severe.

Officer Webster was the very best example of a life committed to public service, through his service to our country and to our community. He leaves a legacy of excellence and commitment, and we honor his life through our ongoing service to our community. Though our own hearts are heavy, please continue to pray for his wife and their family as they endure this unimaginable loss.”

Webster, 47, served with APD for nearly nine years and was named APD Officer of the Year in 2013. He was the Southeast Area Command representative for the Albuquerque Police Officers Association and recently returned to the field because of an officer shortage within the department.

Before becoming an officer, he served as a paratrooper in the U.S. Army for 20 years before retiring.

He was honored in September 2013 for giving CPR to a baby who was not breathing, saving the child’s life.

He underwent multiple surgeries at UNM Hospital in the hours after the shooting and remained in the hospital’s intensive care unit for the next seven days.

Webster’s wife is a Bernalillo County sheriff’s deputy.

“Today our hearts are heavy as we grieve the loss of APD officer Daniel Webster,” Albuquerque Mayor Richard Berry said. “Officer Webster served our city and our nation with distinction, honor and courage. I extend my deepest sympathy and prayers to Officer Webster’s wife and family and I ask our community to come together as we mourn his passing and remember the sacrifice that he and his family made to keep us safe. Keep the men and women of APD close to your hearts today and always.”

The Albuquerque Police Officers Association today released a statement Thursday afternoon:

“Today our community lost one of its true heroes, a man who gave everything to serve and protect the people of Albuquerque. To call Daniel Webster an exceptional officer would be an understatement. He represented the very best of our profession. He worked tirelessly to keep our streets safe and always went above and beyond to help the community and his fellow officers. He was a role model, a protector, a friend, and we were proud to have him serve on the APOA board working on behalf of the rank and file officers of the Albuquerque Police Department.”

The police union encourages the public to display white and blue ribbons as part of the “We are Albuquerque, Let’s Take Our City Back” campaign, which represents support of the Albuquerque community and the officers who protect it.

Gov. Susana Martinez also issued a statement about Webster’s death Thursday:

“My husband and father were both law enforcement officers and this cold-blooded murder hits close to home and breaks my heart thinking about the pain the family is enduring. We must all remember that Officer Webster lost his life working to keep us safe from harm. Because of a senseless act of violence, his wife and children are left without a husband and a father. We have lost a hero and I ask all New Mexicans to join me and Chuck in praying for Officer Webster’s family and friends.”

HOW TO HELP WEBSTER’S FAMILY

In the days after the shooting, community members and local businesses stepped up to help Officer Webster and his family.

Metro Papa John’s locations donated $6,000 and Pizza 9 donated $7,000 of profits from pizza sales on Monday and Wednesday, respectively.

Other restaurants like Bubba’s 33 and Crab N’ Draft also contributed profits toward the fund set up for Webster.

The APOA has set up an account for his family at Wells Fargo. Donations can be made to the Officer Dan Webster Fund #8138663789. Gift card donations for the family and well wishes can be dropped off or mailed to the main APD station at 400 Roma NW, Albuquerque, NM 87102 – Attn: Chief’s Office, Officer Webster.

An official GoFundMe page has also been set up for Officer Webster.

New Mexico State Police, Albuquerque Police Department Cadet Class 114 and BCSO Cadet Class 36 are holding a fundraiser for Webster’s family Sunday, Nov. 1 from 10 a.m. – 2 p.m. at the Royal Car Wash, located at 11517 Central Ave. NE in Albuquerque.

Albuquerque Religious and Clergy United is planning an interfaith vigil Friday at 3 p.m. at the Walgreen’s at Eubank and Central, the site of Webster’s shooting.

Friday, Nov. 6, the staff at Officer Webster’s old barber shop, Deuces, will give free haircuts to anyone in law enforcement or the military.  For paying customers, Deuces owner James Ortega says they will donate 50 percent of the proceeds to Webster’s family.

SUSPECT TO REMAIN JAILED PENDING TRIAL

Albuquerque police said Officer Webster stopped 34-year-old Davon Lymon on Oct. 21 for driving a motorcycle with a stolen license plate. While attempting to arrest him, the criminal complaint states Lymon fired six rounds at Webster, striking him several times, including in the face near his chin.

Lymon was not supposed to have a gun due to previous violent felony convictions, including voluntary manslaughter in the death of 20-year-old Ronald Chanslor Jr., who was the grandson of the founder of Blake’s Lotaburger.

Lymon is currently facing federal weapons charges. State charges against Lymon are also expected to be filed.

Bernalillo County District Attorney Kari Brandenburg said she and her office would move on those charges “in the near future,” but since he is being held in federal custody after his first federal appearance Tuesday, Brandenburg said the DA’s Office would wait to file charges so as to not start the 10-day discovery limit of the Case Management Order.

Brandenburg’s office was adorned with darkened badges and blue ribbons Thursday in Webster’s honor.

“As District Attorney, I am deeply concerned about the violent events which have recently taken place in our community,” Brandenburg wrote in a statement. “We are all working diligently to hold the accused accountable, and we stand by those who pledge to stop the violence in our community.”

-With Elizabeth Reed. This story was originally published at KOB.com

Dianna Duran takes plea deal in fraud case, pleads guilty to 6 counts

Dianna Duran, who resigned as secretary of state Thursday night, took a plea deal in the criminal case against her in Santa Fe District Court Friday.

Duran pleaded guilty to two felony counts of embezzlement and four misdemeanor counts of embezzlement, money laundering and campaign finance violations. Continue reading

Secretary of State Dianna Duran resigns

New Mexico Secretary of State Dianna Duran resigned Thursday night, according to her attorney and Gov. Susana Martinez’s Office.

Duran’s resignation comes amid a criminal case waged against her by the New Mexico Attorney General’s Office. Friday morning,Duran pleaded guilty to two felony embezzlement counts and four misdemeanor counts stemming from the misuse of her campaign funds. Continue reading

Man accused of shooting APD officer a repeat offender; court records show gaps in judicial system

The man accused of shooting Albuquerque Police Department Officer Daniel Webster at a Walgreens in southeast AlbuquerqueWednesday night is another classic case of a “boomerang thug” repeat offender walking New Mexico’s streets.

Davon Lymon, 34, was caught on video last December repeatedly punching a man in a fight at the Knockout’s Gentlemen’s Club in downtown Albuquerque that led to his arrest and that of two bouncers.

A criminal complaint for Lymon’s arrest in that incident, which occurred in the early-morning hours of Dec. 14, 2014, says the man was seen in videos being chased down by Lymon, who then “began to punch and knee the male who fell to the ground.”

The criminal complaint says Lymon continued to punch the man as he was on the ground, causing him to lose consciousness.

Lymon then walked away and yelled, “18th Street,” as he was “celebrating,” according to the criminal complaint.

The man beaten by Lymon remained unconscious – even when a bystander tried to pick him up.

Lymon’s beating of the man allegedly occurred after the man was already punched and kicked in the head several times by two bouncers at the club.

Weeks later, in January of this year, a grand jury indicted Lymon on kidnapping, two counts of aggravated battery and conspiracy charges related to the beating. All four were felony counts.

However, the case was nolle prosequied Feb. 26 by the district attorney’s office. It was refiled June 24, but the charges had been changed to two misdemeanor counts of aggravated battery without great bodily harm.

Also filed that day in Metropolitan Court were charges from a May 30 arrest for being a felon in possession of a firearm and embezzlement between $500 and $2,500–both felony charges. A criminal complaint says Lymon borrowed the gun from a friend “to practice shooting,” but never returned it to the friend after a spat between the two.

But Judge Stan Whitaker released Lymon on his own recognizance for the aggravated battery charges, which stemmed from the initial December 2014 arrest, on July 24. Judge Jaramillo again ordered that case dismissed without prejudice on Aug. 21, but requested the state “look at where [the] case should be refiled in Metropolitan Court,” according to court records.

The same case was again refiled Sept. 28; Lymon again faced two counts of misdemeanor aggravated battery without great bodily harm in front of Judge Alisa Hadfield.

Thursday, the day after Lymon allegedly shot Officer Webster, Bernalillo County Deputy District Attorney David Waymore entered another nolle prosequi in the case because Lymon was arrested on the new charges. A notice to the court said the case would be brought before a grand jury at a later date.

CONVICTED OF MANSLAUGHTER IN HIGH-PROFILE MURDER

He pleaded guilty to voluntary manslaughter, aggravated battery and conspiracy charges in 2002 after he was accused in the 2001 murder of 20-year-old Ronald Chanslor Jr., the grandson of the founder of Blake’s Lotaburger.

He was sentenced to 11.5 years with 390 days time served, giving him a little less than 10.5 years in prison.

“After sentencing in 2001, I had a heartsick feeling with the way our justice system is set up, that another family would have to go through this type of senseless tragedy. My heart is breaking for the officer’s family. Our justice system is so broken and unless we all step up and do something, we will continue to see these tragic acts of violence,” Dawn Parsons, the mother of Chanslor, said Thursday. “As a community we must all play a role and take the necessary actions to effect meaningful change. It can’t be the responsibility of a handful of people in our government or our police department. This is a concern that impacts us all. I pledge to pray for this family, our officers and our leaders and be available to help solve this problem.”

He pleaded guilty to fraud and forgery the year before in a Tierra Amarilla court.

In 2012, another case for robbery and conspiracy was dismissed without prejudice in Espanola court, but was never refiled.

Lymon now faces federal firearms charges for the shooting of Officer Webster. Other state charges are expected to be filed as well.

Editor’s Note: An earlier version of this story incorrectly stated one of Lymon’s cases was nolle prosequied Feb. 26 by Judge Cristina Jaramillo. The case was nolle prosequied by the Bernalillo County District Attorney’s Office.

This story originally appeared at KOB.com

Cop wounded in shooting identified as veteran, APD officer of the year

The Albuquerque Police Officers Association has identified the officer who was shot near Central Avenue and Eubank Boulevard Wednesday night.

Officer Daniel Webster was shot several times, including in the face near his chin, while attempting to arrest 34-year-old Davon Lymon, according to information from a federal criminal complaint.

He has worked for the department for nearly nine years.

Webster was named 2013 APD Officer of the Year. He also served as a paratrooper for 20 years in the U.S. Army before retiring, and has served with APD since July 2006.

He was honored in September 2013 for giving CPR to a baby who was not breathing. His actions saved the baby’s life.

The police union said Webster is the Southeast Area Command APOA representative. The union said he recently returned to the field due to the shortage of officers.

Webster’s wife is a Bernalillo County sheriff’s deputy. The couple has children.

Webster remains in critical, but stable, condition at UNM Hospital. He underwent two surgeries overnight and is expected to undergo several more.

The APOA has set up an account for his family at Wells Fargo. Donations can be made to the Officer Dan Webster Fund #8138663789. Gift card donations for the family and well wishes can be dropped off or mailed to the main APD station at 400 Roma NW, Albuquerque, NM 87102 – Attn: Chief’s Office, Officer Webster.

There will also be a blood drive held in Officer Webster’s honor Friday at UNM Hospital in the Bill Richardson Pavillion Lobby from 9 a.m. to 4 p.m. Donors can call (505)-246-1457 to schedule an appointment.

An official GoFundMe page has also been set up for Officer Webster.

APD Chief Gorden Eden said Webster was brought out of surgery late Thursday morning. He remains in the ICU in critical condition. Eden said doctors were still doing tests on Webster.

Eden also called for changes to the law this upcoming legislative session in Santa, asking for New Mexico to make its guidelines more similar to federal law, in which there are mandatory minimum sentences for violent offenders, firearm enhancements and gang laws.

Authorities arrested Lymon after midnight Thursday. He is currently facing federal charges of violating the federal firearms laws. Other state charges are expected to be filed as well.

Lymon pleaded guilty to voluntary manslaughter, aggravated battery and conspiracy charges in 2002 after he was accused in the 2001 murder of 20-year-old Ronald Chanslor Jr., the grandson of the founder of Blake’s Lotaburger.

He was sentenced to 11.5 years with 390 days time served, giving him a little less than 10.5 years in prison.

“After sentencing in 2001, I had a heartsick feeling with the way our justice system is set up, that another family would have to go through this type of senseless tragedy. My heart is breaking for the officer’s family. Our justice system is so broken and unless we all step up and do something, we will continue to see these tragic acts of violence,” Dawn Parsons, the mother of Ronald Blake Chanslor said. “As a community we must all play a role and take the necessary actions to effect meaningful change. It can’t be the responsibility of a handful of people in our government or our police department. This is a concern that impacts us all. I pledge to pray for this family, our officers and our leaders and be available to help solve this problem.”

Watch Chief Eden’s afternoon news conference below. If you’re on a mobile device, click here.

-With Elizabeth Reed. This story originally appeared at KOB.com.

Court document reveals details of road rage shooting

A criminal complaint details the road rage incident that ended in the deadly shooting of a 4-year-old girl in Albuquerque Tuesday.

Tony Torrez, 31, is facing an open count of murder and several other charges in connection to the death of Lilly Garcia.

“This is possibly one of the most wanton and atrocious acts as alleged in the history of this city. It is clearly a crime of violence,” Judge Chris Schultz told Torrez at his first appearance Thursday. “If members of the motoring public receive gunfire for a perceived slight on the highway, I don’t know who is safe.”

Judge Schultz kept Torrez’s bond at $650,000 cash only.

The complaint states the girl’s father, Alan Garcia, was driving westbound on Interstate 40 when a red Toyota cut him off and blocked him from exiting at Unser. Garcia told authorities he threw his hands in the air and gestured toward the driver, calling him, “f***ing idiot.”

Garcia then observed the driver pull into the far south lane approaching the driver’s side of his vehicle. According to the complaint, the driver said something and Garcia accelerated his vehicle to put distance between the two vehicles.

Garcia said he then heard two shots strike his truck and his 7-year-old son say, “she’s bleeding.”

The complaint states Garcia heard a third shot and began to swerve and accelerate in an attempt to distance himself from the other vehicle. The Toyota continued to pursue them westbound and Garcia slammed on his brakes. As the Toyota passed, Garcia said he heard another shot.

Garcia stopped his truck in the shoulder and called 911 as he attempted to render aid to his daughter, who had been shot in the head. The child later died at UNM Hospital.

The next morning, police received a call from an anonymous person who identified the shooter as Tony Torrez.

Torrez allegedly told the tipster that he shot the girl on I-40. The tipster gave police two possible addresses for Torrez.

Wednesday afternoon, officers arrested Torrez near Central and Sunset.

Albuquerque police were able to obtain warrants for Torrez’s home in the 7600 block of Saltbrush SW. When they searched the home, they found the suspect red/maroon Toyota they had been searching for inside Torrez’s garage. A warrant was also signed so police could search the vehicle.

Police say they also recovered the gun believed to have been used in Lilly’s shooting death at Torrez’s home.

Torrez is scheduled to face a judge Thursday afternoon.

NBC Nightly News spoke with Lilly’s grieving parents Thursday. They are overcome by the outpouring of support from the Albuquerque community.

“The amazing support that Albuquerque, the state of New Mexico, all over the country — has contacted my husband, myself, my family, it’s just been, um…just umm…overwhelming,” Lilly’s mother, Veronica, said. “And I thank everybody from the bottom of my heart for their prayers.”

“I don’t know…I have no words to express my gratitude for everybody really coming unfortunately together for such a tragic event,” her father, Alan, said. “I don’t wish this on anybody.”

A candlelight vigil will take place for Lilly Saturday at Civic Plaza in Albuquerque at 6:30 p.m. More information on the vigil is available here. A GoFundMe page has also been set up for the family.

KOB spoke with MDC spokeswoman Nataura Powdrell Thursday evening about a rumor going around Facebook that Torrez had either been released from jail or is set to be released soon.

Powdrell reiterated that Torrez is still in jail and will have to pay the $650,000 cash-only bond in order to get out.

This story originally appeared at KOB.com

 

APD officer shot at Walgreens in SE Albuquerque; suspect arrested

ALBUQUERQUE, N.M. – Albuquerque police say the officer who was shot near a Walgreens store in the southeast side of the city Wednesday night is in critical, but stable, condition Thursday morning.

The eight-year veteran of APD underwent two surgeries at UNM Hospital overnight. The department has not released his name to make sure all family members and close friends can be notified first. Continue reading