United States District Court, D. New Mexico
P. Martinez United States Attorney Maria Ysabel Armijo Randy
M. Castellano Matthew Beck Assistant United States Attorneys
United States Attorney's Office Las Cruces, New Mexico
Attorneys for the Plaintiff.
Richard Sindel Sindel, Sindel & Noble, P.C. Clayton,
Missouri and Brock Benjamin Benjamin Law Firm El Paso, Texas
Attorneys for Defendant Joe Lawrence Gallegos.
Patrick J. Burke Patrick J. Burke, P.C. Denver, Colorado and
Cori Ann Harbour-Valdez The Harbour Law Firm, P.C. El Paso,
Texas Attorneys for Defendant Edward Troup.
Russell Dean Clark Russell Dean Clark, LLC Las Cruces, New
Mexico Attorney for Defendant Leonard Lujan.
A. Castle Castle & Castle, P.C. Denver, Colorado and
Robert R. Cooper Robert R. Cooper Law Firm, P.C. Albuquerque,
New Mexico Attorneys for Defendant Billy Garcia.
Douglas E. Couleur Douglas E. Couleur, P.A. Santa Fe, New
Mexico Attorney for Defendant Eugene Martinez.
Phillip A. Linder The Linder Firm Dallas, Texas and Jeffrey
C. Lahann The Lahann Law Firm Las Cruces, New Mexico
Attorneys for Defendant Allen Patterson.
Orlando Mondragon Law Office of Orlando Mondragon El Paso,
Texas Attorney for Defendant Christopher Chavez.
D. Chambers Nathan D. Chambers LLC Denver, Colorado and Noel
P. Orquiz Noel P. Orquiz Attorney at Law Deming, New Mexico
Attorneys for Defendant Javier Alonso.
R. Blackburn Billy R. Blackburn Law Office Albuquerque, New
Mexico Attorney for Defendant Arturo Arnulfo Garcia.
Stephen E. Hosford Stephen E. Hosford, P.C. Arrey, New Mexico
and Jerry Daniel Herrera Law Offices of J.D. Herrera
Albuquerque, New Mexico Attorneys for Defendant Benjamin
Pineda Pedro Pineda, Attorney at Law Las Cruces, New Mexico
Attorney for Defendant Ruben Hernandez.
Mitchell Mitchell Law Office Ruidoso, New Mexico Attorney for
Defendant Jerry Armenta.
A. Hammond Osborn Maledon, P.A. Phoenix, Arizona and Margaret
Strickland McGraw & Strickland Las Cruces, New Mexico
Attorneys for Defendant Jerry Montoya.
M. Potolsky Steven M. Potolsky, P.A. Miami, Florida and
Santiago David Hernandez Law Office of Santiago D. Hernandez
El Paso, Texas Attorneys for Defendant Mario Rodriguez.
Lorenzo Almanza Steven Almanza Law Firm Las Cruces, New
Mexico Attorney for Defendant Timothy Martinez.
Spencer Joe A. Spencer Attorney & Counselor at Law El
Paso, Texas and Mary Stillinger The Law Office of Mary
Stillinger El Paso, Texas Attorneys for Defendant Mauricio
Jacks Law Office of Amy E. Jacks Los Angeles, California and
Richard Jewkes Richard Jewkes, Attorney at Law El Paso, Texas
Attorneys for Defendant Daniel Sanchez.
A. Harrison George A. Harrison, Attorney at Law Las Cruces,
New Mexico Attorney for Defendant Gerald Archuleta.
Crow Crow Law Firm Roswell, New Mexico Attorney for Defendant
Theresa M. Duncan Theresa M. Duncan, Esq. Albuquerque, New
Mexico and Marc M. Lowry Rothstein, Donatelli, Hughes,
Dahlstrom & Schoenburg, LLP Albuquerque, New Mexico
Attorneys for Defendant Anthony Ray Baca.
Charles J. McElhinney McElhinney Law Firm LLC Las Cruces, New
Mexico Attorney for Defendant Robert Martinez.
J. Milner Marcia J. Milner, Attorney at Law Las Cruces, New
Mexico Attorney for Defendant Roy Paul Martinez.
Christopher W. Adams Charleston, South Carolina and Amy
Sirignano Law Office of Amy Sirignano, P.C. Albuquerque, New
Mexico Attorneys for Defendant Christopher Garcia.
Corlew Bhalla Law Office of Carey C. Bhalla, LLC Albuquerque,
New Mexico Michael V. Davis Michael V. Davis, Attorney &
Counselor at Law, P.C Corrales, New Mexico Attorneys for
Defendant Carlos Herrera.
R. West Don West Law Orlando, Florida and Ryan J. Villa The
Law Office of Ryan J. Villa Albuquerque, New Mexico Attorneys
for Defendant Rudy Perez.
Donavon A. Roberts Donavon A. Roberts, Attorney at Law
Albuquerque, New Mexico Attorney for Defendant Andrew
Erlinda O. Johnson Law Office of Erlinda Ocampo Johnson, LLC
Albuquerque, New Mexico Attorney for Defendant Santos
R. Romero The Law Office of Keith R. Romero Albuquerque, New
Mexico Attorney for Defendant Paul Rivera.
Arellanes Albuquerque, New Mexico Attorney for Defendant
MEMORANDUM OPINION AND ORDER 
MATTER comes before the Court on a Competency Hearing held on
March 20, 2017, and March 21, 2017. See Transcript
of Hearing, taken March 20, 2017 (“Tr.”);
Transcript of Hearing, taken March 21, 2017 (“2
Tr.”). The primary issue is whether
Defendant Eugene Martinez is mentally competent to stand
trial. The Court finds that E. Martinez has not established,
by a preponderance of the evidence, that he is presently
suffering from a mental disease or defect rendering him
mentally incompetent to the extent that he is unable to
understand the nature and consequences of the proceedings or
to assist in his defense. The Court, accordingly, concludes
that the preponderance of the evidence does not suggest E.
Martinez is mentally incompetent to stand trial.
Court makes the following findings of fact. The Court first
makes findings that pertain to E. Martinez' childhood and
development, as well as his educational, medical, and legal
history that preceded E. Martinez' present criminal
charges. The Court's findings of fact, where possible,
will proceed chronologically. The Court provides a more
comprehensive factual and procedural background regarding E.
Martinez' current charges after it has made its findings
pertaining to E. Martinez' early life. The Court makes
its findings based upon its review of the report that Bureau
of Prisons Forensic Psychologist Dr. Lesli Johnson, Ph.D.,
completed, see Forensic Evaluation (signed June 14,
2016), filed June 20, 2016 (Doc. 596)(“Johnson
Report”), a more specific neuropsychological evaluation
that Dr. Eric Westfried, Ph.D., completed, see
Forensic Neuropsychological Competence to Stand Trial
Evaluation at 1 (signed February 27, 2017), filed March 3,
2017 (Doc. 938)(“Westfried Report”), and the
testimony at the Competency Hearing that the Court held on
March 20-21, 2017.
Findings of Fact Regarding E. Martinez'
Martinez was born on June 23, 1978, in Albuquerque, New
Mexico. See, e.g., Johnson Report at 4; Westfried
Report at 1.
was the youngest born, having one older brother. See
Johnson Report at 4; Westfried Report at 4.
Martinez had no known prenatal deficiencies, but was
potentially born premature. See Johnson Report at 5.
took a long time to be able to use the bathroom, to talk, and
to walk. See Johnson Report at 5.
5. As a
child, E. Martinez was hit in the head several times.
See Johnson Report at 5.
would get sick. See Westfried Report at 5.
is blind in one eye. See Westfried Report at 5.
bounced between homes until his parents divorced when he was
seven or eight years old. See Johnson Report at 5;
Westfried Report at 4.
Martinez always had clothes and food as a child, and he also
lived in a clean house. See Johnson Report at 5.
had poor relationships with his family, would get into
trouble, and do “little dumb stuff.” Johnson
Report at 5.
was on a lot of drugs. See Johnson Report at 5.
was always on drugs, sniffed paint, and sniffed rubber
cement. See Johnson Report at 5.
had car wrecks, and one time he hit a dumpster truck and flew
from the back seat. See Westfried Report at 5.
Martinez' father was abusive to both him and his brother,
as well as to his mother. See Johnson Report at 4,
6; Westfried Report at 4.
Martinez would hide at different family members' homes to
escape the violence, as E. Martinez' father would
“hit [the three of them] with whatever he had in his
hand.” Johnson Report at 6. See Westfried
Report at 4.
Often, E. Martinez' father would stand at their back door
in the back, and yell for him and his brother, and then tell
them to “get out, ” and he would kick or hit them
with his steel toed boots, boards, and even a wrench. Johnson
Report at 6. See Westfried Report at 4.
Martinez' father “never missed.” Johnson
Report at 6.
Martinez' father acted normal around other people, but,
when he was drunk, he would get mean and abusive.
See Johnson Report at 6.
Martinez' father one time beat his mother, causing E.
Martinez to preemptively protect himself by dressing in five
layers of clothes, only to have his father tell him to take
off his clothes for a beating. See Johnson Report at
When his parents were together, and his father would start
being abusive, his mother would call family to take them
away. See Johnson Report at 4-5.
Martinez' mother would “come over in the middle of
the night or crying and scared to death saying he threatened
to kill [her], he threatened to shoot [her], threatened to
kill the kids if [she] ever went to the police then he would
definitely carry out his threats, and she would never want to
cooperate had it ever gone beyond that she reported it to the
police.” Tr. at 13:8-14 (Frank Ortiz).
Martinez' mother would often hide with her kids at the
house of Frank Ortiz, a family member, and even E. Martinez
-- alone -- was a frequent visitor, and Ortiz “did
everything [h]e could to be foster parents . . . to show him
what normal life would be like.” Tr. at 15:23-16:19
“[W]hen [Ortiz] would go over and visit, there was
usually argument going on in the yard, screaming and yelling,
a very violent family.” Tr. at 12:1-10 (Ortiz).
“On occasions when [Ortiz] would run across [E.
Martinez' father] in the immediate area, he always had a
scowl on his face, an angry individual, had that
persona.” Tr. at 12:1-10 (Ortiz).
Martinez would often be “over at [Ortiz'] house
with visible injuries from brutally [being beaten], and
crying, huddling, scared from death threats, and that sort of
thing.” Tr. at 12:15-18 (Ortiz).
Martinez' father would also throw E. Martinez out of the
car, and then drive away -- only to stop the car, let E.
Martinez catch the car and think that he could get back in
the car, and then speed away again. See Westfried
Report at 8.
During E. Martinez' childhood, he witnessed various dark
events. See Johnson Report at 6; Westfried Report at
4; Tr. at 13:23-14:25 (Ortiz).
one time, someone in the neighborhood killed E. Martinez'
uncle and then put his body in E. Martinez' backyard on
top of the train tracks. See Johnson Report at 6;
Westfried Report at 4.
Martinez' father told him to go and recover the body.
See Johnson Report at 6.
Martinez saw “crows eating [his] uncle's
body.” Westfried Report at 4.
father and mother then got guns, and with E. Martinez in the
vehicle's back seat, went to the home of the person whom
E. Martinez' father suspected had killed the uncle.
See Johnson Report at 6; Westfried Report at 4.
Martinez' father exited the vehicle, knocked on the door,
and shot “the man, the girl, and maybe the mom.”
Johnson Report at 6.
Following his parents' divorce, E. Martinez lived with
his mother. See Johnson Report at 5.
Martinez was frequently left in the family home alone, or
with his brother, and his mother only occasionally checked on
him to fill the refrigerator with food. See Johnson
Report at 4-5; Westfried Report at 4.
Martinez' brother would stay with his girlfriend across
the street, however, and attend to E. Martinez if he needed
something. See Johnson Report at 5; Westfried Report
Martinez' brother would do the same things as his father,
however, with respect to beating him. See Johnson
Report at 6.
he aged, E. Martinez' brother became violent and angry
like his father. See Tr. at 13:23-14:25 (Ortiz).
Martinez' mother remarried a few years after the divorce,
and E. Martinez then lived with his mother and stepfather.
See Johnson Report at 4-5; Westfried Report at 4;
Tr. at 17:6-18:23 (Ortiz).
Martinez did not have a good relationship with the
stepfather. See Johnson Report at 5; Tr. at
When E. Martinez' mother remarried, although the
stepfather was cordial with E. Martinez, E. Martinez would
often be kicked out of the stepfather's home, because he
would frequently get in trouble. See Tr. at
When E. Martinez was a young child he would play and interact
with Ortiz' three daughters. See Tr. at 8:9-18
children also all attended the same schools, although E.
Martinez was in the Special Education programs. See
Tr. at 9:11-10:5 (Ortiz).
“repeated kindergarten and went to special ed. . . .
They said I had a something speech difficult. That's why
in special ed. I was in there for a lot of things: They said
I didn't behave or understand . . . I had to ride a
little bus, kids with helmets and chin guards.” Johnson
Report at 5.
Martinez started drinking alcohol in the third grade, when he
was “probably seven, six, even maybe younger;”
during the happy times when his father was not abusing the
family, he would “give [E. Martinez] beer . . . [and E.
Martinez] would take beers during a party and sometimes [E.
Martinez' father] would give it to [E. Martinez].”
Westfried Report at 8. See Johnson Report at 8.
has been smoking weed and sniffing glue since he was in the
third grade. See Johnson Report at 5.
Although E. Martinez did not enjoy drinking beer, he would
drink it, “because [he] didn't want [his] father to
get mad.” Westfried Report at 8.
Martinez began drinking on a regular basis when he was
“[e]ight, nine, ten.” Westfried Report at 8.
“Martinez would drink whiskey till [he] blacked
out.” Westfried Report at 8.
“One time [E. Martinez went to] the hospital to pump
[the whiskey] out . . . [and E. Martinez s]aid [he] had
poison.” Westfried Report at 8.
Martinez went to school drunk many times. See
Johnson Report at 8.
Around the same time, in third grade, E. Martinez began
“huffing rubber cement and paint, ” and he would
huff “all day” for most of the time between third
and sixth grade. Johnson Report at 8. See Westfried
Report at 9.
would put the glue in a sandwich bag, so it would last all
day. See Johnson Report at 8.
Martinez started smoking marijuana around sometime between
his fifth birthday and third grade, and once he had begun he
would smoke “every day after school.” Westfried
Report at 8. See Johnson Report at 8.
Marijuana usage was a mainstay for E. Martinez' childhood
and adolescence. See Westfried Report at 8; Johnson
Report at 8.
Martinez began using cocaine around his eighth birthday, and
heroin around his fourteenth birthday. See Westfried
Report at 8; Johnson Report at 9.
Martinez would spend money daily to buy heroin, and has gone
through withdrawals eight or nine times -- but he would
always use again, because “it would make [him] forget
about everything [and b]e happy.” Westfried Report at
8. See Johnson Report at 9.
Martinez also tried meth, LSD, and mushrooms. See
Westfried Report at 9; Johnson Report at 9.
Martinez was admitted to Kaseman Presbyterian Hospital in
Albuquerque after having reported “hallucinating or
seeing things, ” and he stayed there for “maybe
three and a half months because [he] kept hearing stuff while
[he] was in the hospital.” Johnson Report at 9.
Martinez “entered there at approximately age 7.”
Tr. at 46:15-22 (Westfried).
“Essentially children's psychiatric hospital is the
last stop in the state of New Mexico for children as opposed
to adoles[cents].” Tr. at 46:15-22 (Westfried).
Further, “[i]f you have gone there, that is a brand of
being severely disturbed as a child.” Tr. at 47:3-5
highest level of education E. Martinez completed was the
sixth grade, however, he attended a year at Del Norte High
School in Albuquerque. See Johnson Report at 7;
Westfried Report at 5; Tr. at 9:25 (Ortiz).
Nonetheless, E. Martinez' educational experience was
marred with bad “grades and attendance, ”
suspensions, and expulsions. Johnson Report at 7; Westfried
Report at 5.
Martinez would “fight with kids and talk back to
the teacher.” Johnson Report at 7.
From the time he was young E. Martinez was playing with
Ortiz' kids in elementary school, he was very childlike,
which is normal, but as he progressed into the time when he
was more of a teenager and became an adult he sort of stayed
at that same level. See Tr. at 19:15-20:17 (Ortiz).
seemed like he could not comprehend everything, so every time
Ortiz would visit him in jail or would be around him, he was
constantly asking what is happening to him, could Ortiz
explain it to him, and displaying an inability to comprehend
his actions and what was happening in the court system.
See Tr. at 19:15-20:17 (Ortiz).
Martinez “seemed to be very confused so [Ortiz] was
constantly explaining to him all the things that were going
on in his life.” Tr. at 19:15-20:17 (Ortiz).
E. Martinez aged, he became isolated in family gatherings and
would “kind of just sit by himself and if [Ortiz] did .
. . have occasion to chat with [E. Martinez] it was very
simple talking, ” and was not “about his plans
for the future or anything it was just basically how are you
doing, fine, just very basic conversation, nothing that was
beyond planning or some other, someone who had any sort of
intellectual life who had been reading or thinking about
other things beyond just simple actions.” Tr. at
Throughout E. Martinez' childhood, he spent time in
juvenile detention, adolescent treatment centers, adult jail,
and prison. See Westfried Report at 9.
Martinez was placed into foster care, around age nine or ten,
after a neighbor apparently reported that he had been living
alone, see Johnson Report at 5, and his teacher had
taken him home to live with her and her husband, see
Westfried Report 4.
Martinez lived, approximately, in four to seven foster homes,
and frequently ran away when he witnessed activity that he
found unsettling, such as fighting and sexual assault by the
other foster kids. See Johnson Report at 5;
Westfried Report at 4.
[REDACTED] while he was in foster care. See
Westfried Report at 4; Johnson Report at 7.
[REDACTED] E. Martinez before he began living in foster care.
See Johnson Report at 7; Westfried Report at 4.
[REDACTED] abuse “occurred almost every day.”
Johnson Report at 5.
Cousin “got [E. Martinez] stoned on weed, ” and
the abuse [REDACTED]. Johnson Report at 5.
[REDACTED] as a result, the abuse occurred only once a week
or every couple of weeks. Johnson Report at 5.
[REDACTED] abusive behavior [REDACTED] stopped when E.
Martinez ceased going [REDACTED] following his parents'
divorce. See Johnson Report at 5.
Martinez had problems in foster care, so he began living at
La Nueva Vida Group Home in Santa Fe. See Westfried
Report at 4. Cf. Johnson Report at 10 (stating this
was E. Martinez' last psychiatric hospitalization). E.
Martinez then ran away from, La Nueva Vida Group Home.
See Westfried Report at 4.
Regardless of the chronology, E. Martinez reported being
prescribed medications as a result of his hallucinations and
fear. See Johnson Report at 10.
Martinez' father and brother were both murdered as a
result of the same incident. See Johnson Report at
Martinez -- who had run away from La Nueva Vida Group Home,
see Westfried Report at 4 -- was at a bar or liquor
store with his father and brother, where they bought beer.
See Johnson Report at 6; Tr. at 13:23-14:25 (Ortiz).
When they walked out of the establishment to the car, another
van pulled up, and the occupants engaged E. Martinez'
brother in an argument. See Johnson Report at 6.
of the van's occupants ultimately got out of the vehicle
and began fighting E. Martinez' brother, with E.
Martinez' brother getting the better of the fight, only
to have the van's driver exit the vehicle and shoot E.
Martinez' brother “six times in the back of the
head.” Johnson Report at 6.
Upon the shooting, E. Martinez' father exited the vehicle
with a knife and joined the fray, only to be shot “six
times in the face.” Johnson Report at 6.
assailants saw E. Martinez, but left him alone. See
Johnson Report at 6.
After his father's and brother's murders, E. Martinez
“was numb, ” and he was then placed at the
Sequoyah Adolescent Treatment Center for one and a half
years. See Westfried Report at 4; Johnson Report at
was upon witnessing the murders he reported that he was
placed at Sequoyah. See Westfried Report at 4.
Sequoyah Center was the destination for “severely
mentally ill” juveniles going through the criminal
system in New Mexico. Tr. at 47:6-47:21 (Westfried).
Accordingly, E. Martinez “had been during his childhood
and adolescence in the facilities of New Mexico that are
pretty much designated for the most severely emotional[ly]
disturbed minors.” Tr. at 47:18-21 (Westfried).
While at the Sequoyah Center, the doctors did memory and
communicative testing, and a “communicative evaluation
. . . at Sequoia when he was 17 years old [done] by a speech
pathologist . . . [led to a] diagnose[s of] a severe language
disorder.” Tr. at 55:10-20 (Westfried).
Martinez was prescribed Prozac and other medication,
participated in individual and group therapy, and was further
diagnosed with “paranoid and schizophrenic, anxiety,
PTSD, and, um, depression.” Johnson Report at 10.
Martinez reported a criminal history of robbery, stabbing a
guy in the arm, and heroin distribution. See
Westfried Report at 9.
Martinez reported being arrested “maybe four times,
” the first being when his father and brother were
murdered, after which he was placed in juvenile detention for
six months and then transferred to the Sequoyah Center.
Johnson Report at 12.
Martinez was arrested again at about age fourteen for
“stealing or robbery.” Johnson Report at 12.
See Westfried Report at 9.
was placed in juvenile detention for “about a
year.” Johnson Report at 12.
While at the juvenile detention center, he received incident
reports for approximately three assaults and was transferred
to “adult jail” for “about a year, ”
where he received incident reports for two fights. Johnson
Report at 12.
Martinez was then transferred to a New Mexico state prison
where he remained until age 26. See Johnson Report
Upon release, in 2011 or 2012, E. Martinez was arrested for
drug trafficking heroin. See Johnson Report at 12.
spent “a couple months in jail, ” and “saw
doctors for evaluations.” Johnson Report at 12.
Martinez “was found not competent and not dangerous and
that case, as well as other cases that were joined, were
dismissed without prejudice.” Johnson Report at 12.
See Westfried Report at 9.
Dr. James Harrington, Ph.D.'s, February 4, 2014, report
resulted in a diagnosis of intellectual disability of
moderate severity and a conclusion that E. Martinez'
cognitive deficits “impairs his ability to
comprehend” the legal proceedings. Westfried Report at
9. These conclusions predicated the finding of incompetency.
Westfried Report at 9.
Martinez tested at the fifth percentile in reading (Standard
Score = 76), and at the first percentile in spelling
(Standard Score = 65), and arithmetic (Standard Score = 63).
See Johnson Report at 13.
Martinez was referred for a communication evaluation, in
which E. Martinez' Full Scale IQ was 80 (Low Average),
and he earned a Standard Score of 56 on a problem-solving
test. See Johnson Report at 13.
The diagnostic impression of the communication evaluation was
“specific learning disabled in oral language, ”
and he advised E. Martinez be seen by a speech/language
pathologist. Johnson Report at 13.
Dr. Harrington conducted a clinical and forensic interview,
and administered the Montreal Cognitive Assessment (MOCA),
the Trail Making Test Parts A and B, and the Wechsler Adult
Intelligence Scale-Ill (WAIS-Ill). See Johnson
Report at 13.
Dr. Harrington's diagnostic impression included moderate
intellectual disability, and Dr. Harrington opined that E.
Martinez was not competent to proceed to adjudication, plead
guilty, or stand trial. See Johnson Report at 13.
Dr. Harrington indicated that E. Martinez' “mental
disorder, intellectual disability, directly impacts and
impairs his ability to comprehend the adversarial process in
which he is involved, to have the capacity to follow
proceedings, and knowingly and intelligently assist his
attorney in his own defense.” Johnson Report at 13.
Dr. Harrington further indicated it was unlikely E. Martinez
could be restored to competency. See Johnson Report
Martinez' formal criminal history is as follows:
Prior arrests included: auto burglary and conspiracy to
commit auto burglary (02/13/1994; disposition unknown);
failure to comply with conditions of probation; aggravated
burglary with a deadly weapon, probation violation
(10/02/1996; disposition unknown); probation violation
(06/13/1997; parole): aggravated assault with a deadly
weapon, prisoner in custody of deadly weapon (07/21/1997;
disposition unknown); two counts of bringing contraband into
jail (10/02/1997; disposition unknown); two counts of
possession of a deadly weapon-shank-by a prisoner
(05/06/1998; seven years); parole violation, armed robbery,
possession of a deadly weapon (07/24/2002; seven years,
unable to associate disposition with charge); stolen property
offenses, burglary/breaking and entering (06/15/2010;
disposition unknown); robbery, aggravated assault, aggravated
battery, conspiracy (02/17/2011; disposition unknown); two
counts of K90Z other offenses (09/28/2011; disposition
unknown); drug/narcotic violation (03/07/2012; disposition
unknown): K90Z other offenses (05/08/2012; disposition
unknown); two counts of drug/narcotic violation (06/23/2012;
disposition unknown); two counts of K90Z other offenses
(07/16/2012; disposition unknown); two counts of
burglary/breaking and entering, possession of burglary tools
(09/27/2012; disposition unknown); K90Z other offenses
(12/12/2012; disposition unknown); two counts of K90Z other
offenses (01/03/2013; disposition unknown); and two counts of
K90Z other offenses (02/19/2013; disposition unknown).
Report at 13.
For the last thirteen years E. Martinez has lived in a home,
with his wife, on the northeast side of the Sandia Mountains.
See Westfried Report at 2.
attends to his chickens, cat, and dog, and works on his
drawings and artwork. See Westfried Report at 2-3.
The Procedural and Factual Background ...