Wednesday, June 25, 2008

One man avoids murder charge

Defense attorneys for Gamez twins allege Garret Joe attacked the three brothers

Evelyn Cronce El Defensor Chieftain Reporter

A charge of murder has been dropped against one of three brothers arrested in the June 5 stabbing death of a New Mexico Tech student.

The three Gamez brothers — 19-year-old Manuel and 18-year-olds Rafael and Jose — were charged with killing 22-year-old Garrett Joe at Clarke Field, and their mother, 50-year-old Jennie Gamez, was charged with trying to dispose of their blood-stained clothes. All were bound over to District Court.

All four were scheduled for preliminary hearings in Magistrate Court on Friday, June 20, to determine if there was sufficient evidence to bind their cases over to District Court.

Manuel Gamez and Jennie Gamez waived their rights to preliminary hearings in exchange for a reduction in charges.

A charge of conspiracy against Jennie Gamez was dismissed, which leaves her facing a single felony charge of tampering with evidence in District Court.

The wavier of preliminary hearing signed by Manuel Gamez says the district attorney will offer a plea on felony aggravated battery and felony tampering with evidence.

It also says that Manuel Gamez will be bound over to district court on the reduced charges. At this time, he will not face the charges of murder, conspiracy to commit murder or the second charge of felony tampering with evidence in District Court.

Another term of the agreement was that he must cooperate with truthful testimony at all stages of the court proceedings.

Manuel Gamez was called as one of the witnesses for the prosecution at the preliminary hearing of his brothers Jose Gamez and Rafael Gamez. The waiver of preliminary hearing agreement was called to Manuel Gamez' attention by defense attorney Jeff Buckles.

Buckles asked Manuel Gamez if he had made the agreement with the prosecution to lower his possible jail time in exchange for his testimony against his brothers. Manuel Gamez answered in the affirmative.

Manuel Gamez testified that the argument in the parking lot at Clarke Field was between Rafael Gamez and Jose Gamez, about Joe. Manuel Gamez said Rafael Gamez was attempting to calm Jose Gamez, who was angry at Joe. Rafael Gamez was telling Jose Gamez that he should "just drop it," that it "wasn't worth the trouble."

Manuel Gamez testified that while the brothers were in the parking lot, Joe ran at them with his skateboard extended with the wheels facing out. He said Joe slammed the board into Rafael Gamez and hit him in the neck, and then Joe again swung the board and hit Jose Gamez in the neck.

Manuel Gamez said Joe ran at him and knocked him down and then landed on the ground on top of him, stomach-to-stomach. Manuel Gamez said he held Joe in a leg lock to keep him from punching him and yelled for his brothers to come help. Manuel Gamez said his brothers came to his aid and hit Joe in the back. When Manuel Gamez was able to break free and stand up, his brothers left the park. He said Joe continued to come after him and tried to punch or tackle him, but Manuel Gamez said he thought Joe had "already had it" and also left the park. Manuel Gamez said he did not know Joe had been stabbed until he was in the car with Jose Gamez. He said they had tossed the knife into a ditch on Chapparel Drive.

Manuel Gamez said he and a juvenile had returned to the park later that night with Rafael Gamez so that his brother could find his eye glasses. Manuel Gamez testified that his brother (Rafael) was not with them when they found the glasses. Manuel Gamez said when the three were back together, Rafael Gamez said he had seen Joe again and hit him with some type of wrench. Manuel Gamez described the wrench as about 8 inches long and bloody.

Also testifying for the prosecution was Socorro City Police Officer Richard Lopez, who was the first on the scene at Clarke Field and who called the ambulance for Joe. His detailed description of the scene was upsetting to some people seated in the courtroom, which caused them to briefly leave the courtroom. He explained that another officer on the scene, Officer W.T. Mauldin, had suggested Jose Gamez as a possible suspect based on a domestic call he had received the night before. He said Jose Gamez had made threats of physical violence to Joe at that time.

Joe's girlfriend, Lian Herrera, also testified that Jose Gamez had threatened to "get some people to take care of Joe" if Joe did not get out of town. She said Jose Gamez did not like the way Joe treated her.

The final witness for the prosecution was Micah Bachechi, who works for Allied Van Lines. Bachechi said Rafael Gamez had sometimes helped him at work. Bachechi testified he had picked up Rafael Gamez that night at about 10:45 p.m., and Rafael Gamez was "not acting like himself." Bachechi testified Rafael Gamez had told him he had been in a fight at the skate park at Clarke Field. He said Rafael Gamez told him they "stomped him" and "he could be dead."

Neither Lee Deschamps, who is representing Jose Gamez, nor Buckles, who is representing Rafael Gamez, called any witnesses. Both attorneys asked Magistrate Jim Naranjo to bind the brothers over to district count on only one count each of tampering with evidence and one count each of manslaughter. The attorneys said the brothers were only defending themselves from an unprovoked attack by Joe and they were only trying to help their brother (Manuel Gamez) defend himself when Joe was on the ground on top of him.

Deputy Assistant District Attorney Bruce Burwell asked Naranjo to bind both Jose and Rafael Gamez over to district court on all charges. Burwell alleged that Joe only used his skateboard to defend himself when he found himself to be outnumbered.

Naranjo said, "I think there's been enough probable cause for an open count of murder. District court can determine the degree."

Naranjo then bound both Rafael Gamez and Jose Gamez over to district court. They each are charged with an open count of murder and two charges of felony tampering with evidence. The charges of conspiracy to commit murder were dropped for the pair.

ecronce@dchieftain.com

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