West banned for ‘sour grapes’ stunt
A hearing was held in District Court on Thursday, Dec. 3, to see if Charlene West violated a restraining order by giving grapes to trustee Juan Gonzales before an Oct. 28 Socorro Electric Co-op meeting.
Seventh Judicial District Judge Matt Reynolds amended the original restraining order and restricted West from attending any further meetings — but he did not find the defendant in contempt for violation of the original order.
The original restraining order, issued Oct. 2, 2008, allowed West to attend meetings but not speak or harass board members during or after meetings. The order also restricted West from parking her car in the Co-op parking lot.
The original order was filed by the Co-op after a July 2008 meeting, where trustees claimed West made threatening advances while driving her car and physically opened the door of a trustee’s car.
West’s counsel, Socorro attorney Lee Deschamps, moved to dismiss the case, and stated that the Co-op board as a whole was not the actual plaintiff in the case, only some members of the board.
“This is all kind of a sham,” said Deschamps. “This should not proceed. This is not a Co-op matter, but a matter for some Co-op members.”
Specifically, Deschamps mentioned that trustee Charlie Wagner did not sign the complaint.
Reynolds dismissed this argument and said that the Co-op board did have the right to bring the matter before the court.
Next, Deschamps said the original restraining order was invalid since the affidavit was neither sworn, nor signed by a notary. Deschamps cited a 1974 Workman’s Compensation case as precedence.
“As I understand it, the court doesn’t have the jurisdiction to do anything right now,” said Deschamps.
After a short recess, Reynolds said that the rules for restraining orders had loosened in the last year, which made the paperwork originally filed by the Co-op valid.
Reynolds ruled that Deschamps’ second attempt to dismiss the case was invalid.
Joanne Aguilar — who recently submitted an open-ended resignation of her position as Co-op attorney — called trustee Milton Ulibarri as her first witness.
During testimony, Ulibarri said, “Mrs. West came up to Mr. Gonzales, came up to the back of Mr. Gonzales in a rude manner.”
Ulibarri also stated that West tossed the grapes at Gonzales, “possibly” hitting him in the fingers or hand.
“She said, ‘Juan, this is sour grapes,’” Ulibarri testified.
When Aguilar asked Ulibarri why he considered West’s action rude, he said, “We were at the meeting, and she came up behind him. She is supposed to sit and observe.
“It just bothered me. You don’t go up to a person like that, poke somebody in the back like that or toss grapes at a person, especially during a meeting.”
Ulibarri also said he was the one who called the police.
Deschamps asked Ulibarri what time of day the incident occurred.
“About 6:50,” said Ulibarri, which was 10 minutes before the meeting was scheduled to start.
When Deschamps pressed Ulibarri about whether West threw the grapes or only dropped them on the table near Gonzales, the witness admitted that she only dropped them on the table.
Deschamps continued with a battery of questions about whether Gonzales or Ulibarri picked up the grapes and threw the grapes back at West.
Ulibarri answered repeatedly, “I don’t know.”
When Aquilar asked Ulibarri on cross-examination whether the meeting had started when he talked to police he said,”I’m not sure.”
Next, Acquilar called Juan Gonzales to the stand.
Aquilar asked Gonzales whether he came in contact with West.
“She came in contact with me,” Gonzales said. “I was sitting with my back to her, and she said, ‘Here you go, sour grapes.’ She had them in her hand, gave them, handed them to me.
“I didn’t say anything. I just got those grapes and threw them back.”
Gonzales also stated he thought the meeting started on time, and that he wasn’t sure who called the police, although he thought Charlene Wagner, wife of trustee Charlie Wagner, had done so.
When asked by Deschamps whether the meeting was delayed by the incident, Gonzales said, “No.”
Although Deschamps was scheduled to present two or three witnesses to testify on West’s behalf, he made a motion to dismiss the case again after the testimonies of Ulibarri and Gonzales.
Since the injunction specified no contact with trustees during and after the meeting, Deschamps claimed West had not violated the order.
“This was immediately before the meeting, so she didn’t violate the order,” Deschamps contended.
Aquilar responded that the spirit of the restraining order was to keep West from harassing the trustees at all times, even though it wasn’t specifically stated.
Judge Reynolds wondered what happened after the police were called.
“Nobody arrested anybody, judge,” said Deschamps.
Concerning the original order, Reynolds explained that he was attempting to preserve West’s basic rights, while also protecting the board.
“I wanted to allow Mrs. West to attend meetings, but not bother board members,” he said.
Reynolds also said the grape incident would have been considered symbolic free speech if West had held the grapes in her hand; but since she came from behind Juan Gonzales and placed them on the table in front of him, the action could be considered battery.
Reynolds began to instruct the court that in the future, the order could be made more restrictive, barring West from all future meetings; but as the judge began to scold the defendant for her behavior, he decided to amend the order himself.
“I would caution you Mrs. West, you’re walking on thin ice with me,” he said.
Reynolds said that in such a small community, it was a shame that West would be so disrespectful toward Gonzales, a man who served on the board for more than 30 years.
“It’s sad, he lost the election and you rubbed his face in it,” said Reynolds. “That’s really low-class. You diminished the righteousness, the presumed righteousness of your cause into pettiness, and that’s all on you.
“Now you don’t get to go to any meetings.”