A mother who is seeking justice for the death of her son has filed a civil lawsuit against the 2nd Judicial District Court - Pretrial Services that oversees the GPS ankle monitor program, the Bernalillo County Board of Commissioners, and the MDC Community custody program.
The lawsuit stems from the death of Devon Heyborne, who was murdered in 2021 while wearing a GPS ankle monitor. Investigators say Devin Munford killed Heyborne. The suit brought by Heyborne’s mother, Angel Alire, alleges that “Munford violated the geographic restrictions multiple times prior to the killing, but none of the violations were reported.”
“What I really, I guess want to come out of all this is recognition of the flawed system, especially from the people that run it,” Alire told KOB 4. “I really want these people to stop making excuses and blaming each different entity.”
Attorneys filed the lawsuit two days after Heyborne’s “Angel-versary.” He died on April 23, 2021.
“We’re just kind of trying to soak it all in and deal with it—so we’re having a tough week,” Alire told KOB 4.
The lawsuit claims negligence under the New Mexico Tort Claims Act, an act that can grant government entities and employees immunity. It alleges that the employees involved were “full-time salaried public employees whose duties are to maintain public order,” which waives immunity.
The lawsuit additionally states that the defendant was released on his own recognizance in a domestic violence case just weeks before the murder. The mother alleges that the district court was aware of the defendant's history of violence and that his release was negligent and careless. The lawsuit also names the county sheriff's office, which allegedly failed to follow up on a warrant for the defendant's arrest, and the New Mexico Department of Corrections, which the mother claims was responsible for monitoring the defendant's release.
Frustrated that no one was taking responsibility for the death of her son, Alire told KOB 4 that she met with Albuquerque Mayor Tim Keller and New Mexico Gov. Michelle Lujan Grisham. She also made other public appearances about fighting for change but got few results.
“I feel that in the course of doing all that, that still not a lot has changed,” Alire said.
The lawsuit seeks compensatory and punitive damages for the mother's pain and suffering.