Attorney General Raúl Torrez has intervened in two violent crime cases initially dismissed by McKinley County District Attorney Bernadine Martin. The New Mexico Department of Justice (NMDOJ) will now prosecute the cases involving allegations of rape and murder after DA Martin cited conflicts of interest but did not refer them to another prosecuting authority.
The NMDOJ has also requested expedited discovery from the New Mexico Supreme Court, seeking all information on case dismissals and declinations since January 1, 2021. This move aims to address concerns that failure to prosecute could allow repeat offenders to remain at large and jeopardize justice due to expiring statutes of limitation and fading memories of victims and witnesses.
The first case involves Valentino Roderick Johnson, accused of criminal sexual penetration, driving while intoxicated, and other charges following an incident in October 2023. Johnson was arrested after a passerby reported finding him intoxicated at a crash scene with a woman who claimed she was raped. Despite initial filing by the DA's office, the case was dismissed due to Martin's personal connection with the defendant.
McKinley County Sheriff James Maiorano III criticized this decision: "Whether it was negligent or intentional, I find it unacceptable that DA Martin dismissed this case [Valentino Roderick Johnson] due to a personal connection to the suspect and it was never refiled."
The second case concerns Tyson Long, charged with murder after a December 2022 incident where a man was found shot under a bridge. Security footage allegedly showed Long confronting the victim before fleeing.
Gallup Chief of Police Erin Toadlena-Pablo expressed gratitude for the Attorney General's involvement: "We appreciate that the Attorney General is looking into these cases further... We are appreciative of the assistance we are getting in these cases that we lost communication on with the DA’s office."
Last week, AG Torrez sought DA Martin's removal through a petition filed with the New Mexico Supreme Court. An amended writ citing new information will also be submitted.
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