NEW MEXICO DISTRICT
ATTORNEY INTENTIONALLY
TRASHED MORE
THAN 100 DRUNK DRIVING
CASES.
SCORES OF PEOPLE
ARRESTED FOR DWI, MANY
REPEAT OFFENDERS, HAVE
BEEN HANDED FREE PASSES
FROM PROSECUTION.
TONIGHT LARRY BARKER
PRESENTS THE RESULTS OF
A FOUR MONTH
INVESTIGATION, DRUNK
DRIVING DISAPPEARANCE.
Pakalla: "Q. How did
this happen in this
district? Do you know?
A. I don )t know. I
really don )t know."
Sandoval: "To be honest
with you I couldn )t
believe that that was
happening."
Munoz: " It )s an outrage
and there should be
probably an
investigation."
NOVEMBER 2017. A TRAFFIC
STOP EAST OF GALLUP.
LORENA TSO HAS
DIFFICULTY
STANDING, FAILS SOBRIETY
TESTS, BLOWS A POINT ONE
SIX, IS ARRESTED
AND CHARGED WITH HER
THIRD DWI, AGGRAVATED.
IF CONVICTED, TSO FACED
A MANDATORY 30 DAYS IN
JAIL, LICENSE
REVOCATION, AN
IGNITION INTERLOCK AND
SUBSTANCE ABUSE
TREATMENT. BUT INSTEAD
OF PROSECUTING TSO )S
CASE, THE MCKINLEY
COUNTY D.A. DROPPED IT.
WHEN DEPUTIES STOPPED
DARIN DESCHINEY NORTH OF
GALLUP HE HAD SLURRED
SPEECH, BLOODSHOT EYES,
AN OPEN BOTTLE OF VODKA,
PRIOR DWI )S
AND A REVOKED DRIVER )S
LICENSE. AFTER REFUSING
A BREATHILYZER
DESCHINEY WAS ARRESTED
FOR AGGRAVATED DWI, 3RD
OFFENSE. EIGHT
MONTHS LATER THE D.A.
INEXPLICABLY DROPPED THE
CHARGES. IT )S THE SAME
STORY FOR REDA BENALLY
CHARGED WITH HER 2ND
DWI.
CHARGES DISMISSED.
DERRICK WATCHMAN.
AGGRAVATED 2ND
DWI. DISMISSED. HOWARD
JOE AGGRAVATED DWI.
DISMISSED. SHANNON
YAZZI, THIRD DWI.
DISMISSED. THE LIST GOES
ON AND ON. A
NEWS 13 INVESTIGATION
FINDS, OVER A THREE YEAR
PERIOD
THE MCKINLEY COUNTY
DISTRICT ATTORNEY
ROUTINELY DROPPED SCORES
OF DRUNK DRIVING CASES
FOR DEFENDANTS
CHARGED WITH EVERYTHING
FROM DWI FIRST OFFENSE
TO AGGRAVATED
DRUNK DRIVING THIRD
OFFENSE.
Munoz: "Its
unbelievable."
STATE SENATOR GEORGE
MUNOZ LIVES IN GALLUP.
Munoz: "The public
should be outraged In
Gallup and McKinley
County for what )s
happening." Sandoval:
"Quite frankly it )s
appalling."
MIKE SANDOVAL IS NEW
MEXICO )S SECRETARY OF
TRANSPORTATION.
Sandoval: "Q. What )s the
message to the defendant
when the D.A. dismisses
a case? ... A. It )s
sending a message that
you will not be held
accountable for your
actions. It )s sending a
message that you can get
away with it."
BECAUSE MCKINLEY COUNTY
LEADS THE STATE IN PER
CAPITA ALCOHOL RELATED
INJURIES AND FATALITIES,
THE POLICE HAVE STEPPED
UP
ENFORCEMENT. THE PROBLEM
HERE IS NOT THAT DRUNK
DRIVERS AREN )T
BEING CAUGHT. ITS THAT
RECORD NUMBERS AREN )T
BEING PROSECUTED.
Barker: "The first red
flag came with the
release of a Mothers
Against Drunk Driving
survey showing a
whopping 71% of McKinley
County )s DWI cases were
dismissed by the D. A.
here in Gallup. More
than a
hundred routine drunk
driving cases simply
weren )t prosecuted." IT
WAS A PRACTICE THAT
BEGAN IN 2014 BY THEN
GALLUP D.A. KARL GILLSON
IN
WHICH RECORD NUMBERS OF
DRUNK DRIVING CASES WERE
SIMPLY
DISCARDED BY
PROSECUTORS.
FOR EXAMPLE. KENNETH
BITSIE. CHARGED WITH HIS
SECOND DWI, OPEN
CONTAINER, EXPIRED
REGISTRATION AND NO
INSURANCE. HOWEVER, 11
MONTHS AFTER BITSIE WAS
ARRESTED, THE D.A.
DISMISSED THE CHARGES
GIVING BITSIE A FREE
PASS TO AVOID MANDATORY
PENALTIES INCLUDING JAIL
TIME, AN IGNITION
INTERLOCK AND A
TREATMENT PROGRAM.
PROSECUTORS GAVE THAINE
BEGAY A FREE RIDE BY
DISMISSING HIS 2016
DRUNK DRIVING CASE.
BEGAY WAS LATER ARRESTED
3 MORE TIMES ON DWI
RELATED CHARGES.
TEN MONTHS AFTER KAREN
SMITH WAS ARRESTED IN
GALLUP FOR HER
THIRD DWI, PROSECUTORS
DROPPED THE CASE. TWO
YEARS LATER SMITH WAS
ARRESTED IN ALBUQUERQUE
FOR AGGRAVATED DWI.
BETRINA GREY )S PARIL
2016 DWI ARREST WASN )T
PROSECUTED BY
THE GALLUP D.A.. SIX
MONTHS LATER GREY WAS
CHARGED WITH VEHICULAR
HOMICIDE AFTER A
PASSENGER IN HER CAR WAS
KILLED IN A DWI RELATED
CRASH.
Pakalla: "Q. Is this
practice acceptable to
you? A. No absolutely
not. As D.A. no of
course not."
D.A. PAULA PAKALLA
REPLACED KARL GILLSON
WHO RESIGNED IN 2017.
Pakalla: "It began and
it snowballed. I agree,
it got out of hand. I
don )t know how it all
happened. ... Q. Did you
put a stop to it? A. I
tried to stop it and I
think it stopped. ... Q.
But you )re the D.A..
Don )t you have the
power to tell your staff
don )t do this? A. I do
have the power. Do I
have the power to
micromanage every case
and enforce it and fire
people? Yes. Do I have
the time to do that? Not
all the time."
Barker: "Here )s how it
works: prosecutors
agreed to drop DWI
charges in exchange for
a defendants promise to
attend DWI School, a
Victim )s Impact Panel
and a few days community
service. Its sort
of like a plea bargain
although the Gallup D.A.
calls these dismissals
Hold Open Agreements. By
agreeing to this deal,
the accused drunk driver
avoids jail time, fines,
an ignition interlock,
court
ordered treatment
programs and a DWI
conviction on their
driving record."
Pakalla: "Q. Can you
show me one single
written hold open
agreement? A. Right now
No. ... Q. Is there an
actual document that
says hold open
agreement? A. No there
is not. Q. And there is
no written policy that
you
are aware of? A. No."
IN FACT, THE GALLUP
D.A.S OFFICE HAS BEEN
DISMISSING DRUNK DRIVING
CASES LEFT AND RIGHT
BASED ON INFORMAL,
VERBAL PROMISES THAT
HAVE NO LEGAL BASIS AND
ARE UNENFORCEABLE. AND,
THERE MAY BE ANOTHER
REASON DRUNK DRIVING
ARRESTS ARENT )T
PROSECUTED HERE: TOO
MANY CASES, NOT ENOUGH
PROSECUTORS.
Pakalla: "To be candid
with you I don )t have
attorneys beating down
the door to come here to
work. ... It )s hard for
the rural areas to get
attorneys to come and
work and to stay."
NEWS 13 )S INVESTIGATION
FOUND SINCE 2015, GALLUP
PROSECUTORS DROPPED 122
DRUNK DRIVING CASES. THE
LAST ONE WAS A YEAR AGO.
Suttle: "It )s a huge
disappointment. ... I
think the people of
McKinley County expect
more and they should
probably have more."
STEVE SUTTLE IS A
RETIRED CAREER
PROSECUTOR INVOLVED IN
THE
1992 REFORM OF NEW
MEXICO )S DRUNK DRIVING
LAWS.
Suttle: "Q. What does it
mean to you and me if
they dismiss a drunk
driving case against
somebody in McKinley
County? ... A. That
person is literally
escaping the
consequences intended by
the legislature and
therefore by the people
of New Mexico. ... Q. Is
justice being served in
McKinley County? A. I )d
have to say no. That )s
not the way most D. A.
offices would handle
this."
Sandoval: "The carnage
that DWI does to people
in our state and the
fact that people have
been getting
away with it with no
consequences ... It )s
very scary." Pakalla:
"Q. What is your pledge
to the people of this
judicial district in
terms of what has
happened in the
past? A.That is not
going to happen. I mean
it just can )t happen
anymore. It )s done."
Munoz: "Q. What )s the
message that the D.A. is
sending to the
Legislature when they do
stuff like this? A. Give
us more money so we
don )t have to do our
job. We don )t want to
prosecute DWI. ... How
can it happen in
this day and age? What
gives them the right to
tell us ... I )m not
going to prosecute even
though the law says I
have to."
LARRY BARKER KRQE NEWS
13.
OUR COVERAGE OF COURSE
CONTINUES ONLINE. TO
READ THE MOTHERS AGAINST
DRUNK DRIVING REPORT
PROMPTING
THE FIRST RED FLAG --
HEAD TO ALWAYS ON KRQE
DOT COM OR OUR KRQE NEWS
APP.
ADLIB TOSS TO WEATHER