Wednesday, February 25, 2009

Mother, son plead guilty to charges

Gamez twins still facing murder, tampering charges

Gerald Garner Jr. El Defensor Chieftain Editor

Jennie Gamez, 50, of Polvadera, and Manuel Gamez Jr., 20, of Socorro, entered guilty pleas last week for their roles in the death of 22-year-old New Mexico Tech student Garrett Joe.

Jennie Gamez — the mother of Manuel Gamez Jr., and twin brothers Rafael and Jose Gamez, 19, of Polvadera — who bonded out shortly after her arrest, pleaded guilty to one felony count of tampering with evidence. The state dismissed a second tampering charge and a charge of conspiracy to commit a crime (a fourth-degree felony) on Wednesday, Feb. 18.

Manuel Gamez Jr., who was eventually released to the custody of a third party, entered guilty pleas to charges of aggravated battery (a third-degree felony) and tampering with evidence (a third-degree felony) earlier the same week.

According to 7th Judicial Assistant District Attorney Stacey Ward, Jennie Gamez' charge of tampering with evidence was reduced from a third-degree to a fourth-degree felony because "she was in no position to know that someone had died."

The charges stem from a June 5 incident in which Garrett Joe was beaten and stabbed to death at the Socorro's Clarke Field.

The state contends that Manuel Gamez Jr., along with his twin younger brothers Jose and Rafael, beat Joe during a three-on-one altercation.

Testimony provided during a Magistrate Court hearing alleged that the three Gamez brothers beat Joe and left the park before returning to retrieve one of the assailants' eyeglasses. Manual Gamez Jr. testified that he and a juvenile — along with brother, Rafael — returned to the park. Shortly thereafter, Rafael allegedly told his brother that he'd found Joe and proceeded to hit him with a wrench.

Jennie Gamez, who was not with her sons during the incident, was brought into the fold when she attempted to dispose of her sons' bloodstained clothing.

Ward said neither Jennie Gamez nor Manuel Gamez Jr., will be sentenced until after Jose and Rafael Gamez either have their day in court or pleadings are entered.

Both Rafael and Jose Gamez face an open count of murder and two third-degree felony charges of tampering with evidence. Ward said she expects the twins to face trial in August.

Rafael and Jose Gamez remain incarcerated with bonds set at $500,000 and $900,000 respectively. Seventh Judicial District Judge Edmund "Ted" Kase III is presiding over the cases.

Victim's mother reacts

During Manuel Gamez' plea hearing last week, Garrett Joe's mother, Bernice Etsitty, of Crownpoint, presented the court and El Defensor Chieftain with a letter that outlined her deep frustrations with the New Mexico legal system and the plea agreement.

"Our state's laws are so weak that they are causing even greater harm to the physical and emotional well-being of those of us who (have) suffered an inconceivable loss," Etsitty wrote. "The State of New Mexico Criminal Laws (are) so lenient, so soft and so easy on criminals that they have left me hopeless about justice ...

"... I know that restitution is not going to bring back my son, whose life was cut so short," Etsitty's letter continues. "I will never see my son graduating from New Mexico Tech, fulfilling his dream of becoming a civil engineer or building a skate park for others who loved the sport as much as he did."

Etsitty closed her correspondence by noting "the damages are done." She said Manuel Gamez Jr., needs to accept responsibility for his role in her son's murder and should be imprisoned with no chance for parole.

ggarner@dchieftain.com

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