Wednesday, June 11, 2008

Four arraigned in stabbing death

Evelyn Cronce El Defensor Chieftain Reporter

ECRONCE Four people were arraigned in Magistrate Court on charges relating to the June 6 death of a 23-year-old New Mexico Tech student.

Garrett Joe was found Monday morning, about 6 a.m., at Clarke Field by a jogger. Joe was transported to the hospital but died shortly after arrival.

Three brothers — Jose Gamez, 18, and Rafael Gamez, 18, both of Polvadera, and Manual Gamez, 19, of Socorro — were charged with capital murder, conspiracy to commit murder, and two counts of tampering with evidence.

Their mother, Jennie Gamez, 50, of Polvadera was charged with conspiracy and tampering with evidence.

Jose Gamez, while currently in Socorro for arraignment, is housed at the McKinley County detention center in Gallup due to a medical condition. The Socorro facility does not have hospital facilities for inmates. He has been granted a transfer back to the Socorro center, however.

Jose Gamez said he had received threats while at the McKinley facility because Joe was an American Indian.

Socorro Police Capt. Mike Winders said no charges were filed against anyone else who was questioned in connection with the incident.

Police questioned the Gamez brothers when, according to the complaints, officer W.T. Mauldin arrived at Clarke Field and told officers he recognized Joe from a call the previous evening. Mauldin said he had been called to a residence on El Camino Real for an altercation. Mauldin met with Joe, who allegedly said Jose Gamez had been threatening to harm him. The complaints also credit other witnesses with claiming to have heard Jose Gamez making threats against Joe.

The criminal complaints on the three brothers relate witness accounts of the incident. One witness allegedly saw Joe strike Jose Gamez with a skateboard. According to the complaint, the witness said he saw Manuel Gamez holding Joe in a headlock while Jose Gamez stabbed Joe, and while Rafael Gamez battered Joe. Complaints allege Joe was stabbed in his back and buttocks.

In the complaint, witnesses also allege that Rafael Gamez returned to Clarke Field about an hour later, and hit Joe three times in the head with a wrench until he was no longer moving.

The criminal complaint filed against Jennie Gamez says she admitted to assisting in the disposal of the clothing worn by her three sons during the incident at Clarke Field. The brothers allegedly went to their mother's house in Polvadera after the incident to change their clothing. They reportedly told police they had taken their blood-stained clothes and put them into garbage bags. According to the complaint, Jennie Gamez took or caused the garbage bags to be taken to the Polvadera transfer station, knowing that her sons had been in a fight and that someone might have died.

If convicted, each of the three brothers faces maximum penalties of death or life imprisonment on the capital murder charge. Each brother is charged with a second-degree felony charge of conspiracy to commit murder that carries a maximum sentence of 15 years in prison and a $12,000 fine. The men are also each charged with two counts of tampering with evidence, a third-degree felony that carries maximum penalties of 3 years in prison and $5,000 in fines. The brothers remain in jail in lieu of $500,000 cash-only bond.

Jennie Gamez faces two fourth-degree felony charges of conspiracy and tampering with evidence. Each carries a maximum penalty of 18 months in prison and a $5,000 fine. She was released from jail on Monday, June 9, on a $2,000 cash or surety bond.

The release order carries a self-executing arrest warrant. Jennie Gamez can be arrested if she violates any of the standard conditions of release, or if she is found to be in contact with anyone who might testify in the case or in contact with any of her three sons.

All four defendants will next be scheduled for preliminary hearings to determine if there is enough probable cause to send the cases to the 7th Judicial District Court.

ecronce@dchieftain.com

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