District Court Judge Edmund H. “Ted” Kase III has granted a change of venue for the trial of Martin Glen Pyke, 43, of Socorro. In 2008, Pyke was charged with the 2006 embezzlement of more than $140,000 from the Eagles Club and then setting a fire in the building as a cover-up.

According to the criminal complaint against the former club manager, the original charges totaled 19 felony counts in all: two second-degree embezzlement charges; six third-degree embezzlement charges; one second-degree arson-negligent arson charge; two third-degree tampering with evidence charges and eight fourth-degree reporting and record violations relating to on-site gaming machines owned by the New Mexico Gaming Commission.
Pyke is being represented by Socorro attorney Roscoe A. Woods. On Jan. 20, Kase heard arguments by Woods asserting that the local jury pool has been tainted by inflammatory items in the press and inflammatory comments by a public official.
Seventh Judicial Assistant District Attorney Stacey Ward countered that no statements had been made to the press.
“They just quoted things overheard in the preliminary hearing,” Ward said.
Ward raised the possibility of conducting an individual challenge of each potential juror, in the form of an additional written questionnaire, to determine bias and ensure juror impartiality.
Kase estimated that the additional questioning could add three days to the process of jury selection, and would not eliminate the possibility that publicity during the trial could cause the need for a change of venue halfway through it.
Kase granted a change of venue to “some county within the 7th Judicial District,” to be determined at a future date. Possible alternate venues include Estancia and Truth or Consequences.
Kase also granted a motion by the defense to drop the eight counts of reporting and record violations from the 19 counts originally charged against Pyke. Those counts referred to a failure to file reports on behalf of the Eagles Club to the New Mexico Gaming Commission. Attorney Woods argued that the case should then be remanded back to Magistrate Court for another preliminary hearing, which would essentially take the proceedings back to square one.
Kase denied the request to remand the case back to Magistrate Court for preliminary hearing.
Kase also heard a motion to combine the arson and evidence tampering charges into one, with Woods arguing that each charged his client with the same offense — the destruction of evidence — and was, therefore, “multiplicious.”
Ward argued against the motion, saying it was clear from case law that tampering with evidence can be charged more than once if it appears that the defendant attempted to destroy different bits of evidence at different times. Kase reserved ruling on the motion.
The next step in the proceedings will be a hearing on Monday, Feb. 15, on a motion by Ward to compel Pyke to produce his personal tax records for 2006.
The trial is scheduled to begin in June. If found guilty on the remaining 11 counts, Pyke could face up to 51 years in prison and up to $118,00 in fines.

Contact Suzanne Barteau