crime

Restricting our rights will not solve the crime problem

The 7-day waiting period between the actual sale of a firearm and the transfer of that firearm to the buyer is now law here in New Mexico.  HB 129, sponsored by the very progressive Democrats, was bitterly opposed by myself and all of the Republican members of the New Mexico House as another assault on 2nd Amendment rights. This legislation mandates the waiting period for all firearm purchasers with just a few exceptions. 

The exceptions include federal firearm license holders, holders of valid concealed carry licenses, law enforcement agencies, and law officer-to-law officer transfers. What is interesting is that law enforcement officers including local police and sheriffs or deputies are still subject to the waiting period. This is absolutely nuts. Here we have individuals already entrusted to carry a sidearm openly, even into the gun store, but make them wait a week before they can take their new purchase home. This makes absolutely NO sense. 

All of the firearm legislation passed in the last few sessions of the legislature, including “Red Flag,” has done nothing to reduce the level of criminal activity or firearm violence in the state. In fact, we are actually moving in the other direction, as evidenced by the Governor’s recent emergency orders in Albuquerque. These orders were such an overreach that the Republicans in the legislature signed a letter advocating for an extraordinary session to discuss these policies. This call went absolutely nowhere as it needed significant support from the Democrat side of the aisle, which was not forthcoming.

New Mexico’s rate of firearm violence was relatively stable and closely matched the national average until just a few years ago. It was in 2014 that the rate of gun violence occurrences per 100,000 population broke into a sharp upward spike. It’s important to note that the upward spike continues to this day; it’s now almost twice the national average, and nothing that the legislature has done in the intervening years has impacted that trajectory.

So, what happened in 2014? That was the year that the Albuquerque police department signed a ‘consent decree’ with the Federal Justice Department as a consequence of the Federal investigation into the death of a homeless man during a confrontation with APD. One could make a strong case that this decree caused the demoralization of that police department and their activities to become more timid. Today, that department is hundreds of officers short with little effort going into broken window policing, a method of active enforcement that tries to address problems early so as to avoid the opportunity for escalation.

The bottom line here is that restricting sheriff department personnel or, for that matter, any law enforcement personnel from the immediate acquisition of a firearm will have absolutely NO impact on firearm violence in this state. These officers are NOT the problem but rather the solution. What we need is for these folks to get more support to arrest criminals and a justice system willing to keep them in jail. It’s long past time for the folks in Santa Fe to recognize that liberal public policy, not law enforcement officers, is the root cause of our problems.  We need safety and security, not banning our rights for our law-abiding citizens. 

State Rep. Larry Scott represents District 62 in Lea County, serving since 2015.

Opinions expressed by Piñon Post contributors do not necessarily represent the viewpoints of the publication or its editorial staff. Submit an op-ed to the Piñon Post at news@pinonpost.com.

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Identity revealed of ABQ grandmother who shot fugitive intruder

A dramatic confrontation unfolded when Anissa Tinnin, an Albuquerque grandmother, protected herself and her granddaughter from a fugitive intruder, Joseph Rivera, during what began as a peaceful movie night at home. The incident occurred shortly after Tinnin and her 4-year-old granddaughter had settled in to watch the Taylor Swift Eras Tour film, celebrating with popcorn and M&M’s.

The tranquility of their evening was shattered when Rivera, who was fleeing from police after driving a stolen vehicle, crashed nearby and entered Tinnin’s home. The police pursuit had escalated after officers used spike strips to stop the stolen vehicle, which Rivera continued to drive until it was inoperable. He then fled on foot, eventually forcing his way into Tinnin’s residence.

Faced with the intruder, Tinnin took decisive action to protect her grandchild and herself. “Get back. Get back. I have a gun. Get back. Get back,” she warned Rivera, as reported by KRQE. Despite her warnings, Rivera advanced, prompting Tinnin to shoot him as he forced his way through the locked front door. After she fired, Rivera, wounded, questioned why she shot him, to which Tinnin responded assertively, “Because you’re in my f–king house!”

Tinnin then called 911 and took measures to ensure her granddaughter’s safety by hiding her in a bedroom. Even after the altercation, she demonstrated compassion by offering to help Rivera with his injury, cautioning him against any further threats. Police arrived shortly after and apprehended Rivera.

This incident highlighted Tinnin’s bravery and raised concerns about community safety and the effectiveness of local law enforcement strategies, as she expressed frustration over the city’s handling of crime. Rivera, who had multiple prior felony convictions and was wanted on another charge, faced new charges including burglary and auto theft.

The episode underscores the challenges and dangers that ordinary citizens can face and demonstrates the lengths to which individuals might go to protect their loved ones by utilizing their Second Amendment rights. Tinnin credited divine intervention for their safety during this harrowing ordeal, telling KRQE, “I do believe we had a guardian angel here with us, and I do firmly believe that God was watching over us.”

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ABQ homeowner proves why the Second Amendment shall not be infringed

In Albuquerque, a recent incident has underscored the Second Amendment’s critical importance and citizens’ right to protect their homes and families. The Albuquerque Police Department (APD) apprehended 32-year-old Joseph Rivera following a dramatic sequence of events that ended with Rivera being shot by a homeowner during an attempted burglary.

The situation began when APD officers located Rivera driving a stolen vehicle in the Valley Area Command. In an attempt to stop him, officers deployed stop sticks, deflating the vehicle’s tires. However, Rivera persisted, driving on the rims until the vehicle ultimately crashed near the intersection of Candelaria Rd. and Rio Grande Blvd.

After the crash, Rivera abandoned the disabled vehicle and fled on foot. In a desperate bid to evade capture, he broke into a nearby residence. The homeowner, confronted by the intruder, was thrust into a nightmarish scenario. Rivera, undeterred by the sanctity of the home he had violated, demanded the homeowner’s car keys.

In a moment of quick thinking, the homeowner managed to lock Rivera out after he momentarily left the premises. However, Rivera, undaunted, forced his way back into the home, further demanding keys. Faced with an increasingly perilous situation, the homeowner retreated to her bedroom and armed herself with a firearm.

When Rivera refused to heed the homeowner’s warnings to leave, she was left with no choice but to defend herself. She shot Rivera and then, displaying remarkable composure, administered first aid until law enforcement arrived.

This incident not only highlights the homeowner’s bravery and quick thinking but also serves as a potent reminder of the fundamental principles behind the Second Amendment. The right to bear arms is not just a constitutional provision but a critical element of personal security and self-defense, particularly in situations where the immediate protection of life and property is paramount.

This case is proof positive that the Democrats’ attempted gun grabs are attempts at keeping citizens like this woman from protecting themselves — especially in the dangerous city of Albuquerque. If citizens are disarmed and left vulnerable amid this violent crime wave, criminals would be even more emboldened.

Rivera is currently recovering in a local hospital and will face charges, including burglary and attempting to commit a felony, upon his release. 

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Manhunt continues for murderer of NM State Police Officer Justin Hare

The New Mexico State Police continue to be in active pursuit to capture a suspect responsible for the death of one of their own. The individual in question, 32-year-old Jaremy Smith from South Carolina, is accused of fatally shooting Officer Justin Hare. The incident occurred on Interstate 40 near the 318-mile marker early in the morning around 5:30 a.m. last Friday. According to reports, Smith had stopped on the highway due to a flat tire and was attempting to wave down passing vehicles when Officer Hare arrived at the scene and positioned his patrol car behind Smith’s vehicle.

During a press conference held on Saturday, Chief Troy Weisler of the New Mexico State Police detailed the events leading up to the tragic shooting. He explained that Smith engaged Officer Hare in a brief conversation at the passenger side of the police vehicle under the guise of needing assistance with the tire, only to suddenly draw a firearm and shoot the officer. Smith then proceeded to the driver’s side, shot Hare once more, and forcibly moved him into the passenger seat before fleeing the scene in the officer’s vehicle. The stolen police car was found abandoned shortly thereafter, with Smith still at large and deemed extremely dangerous.

Chief Weisler, visibly moved, spoke of Officer Hare’s final act of kindness, “On a cold, dark, and windy morning, he offered help to a person he thought was in need,” highlighting the cruel irony that Hare’s last words on earth were ones of assistance to the very individual who would take his life.

It has also come to light that Smith was driving a BMW that belonged to Phonesia Machado-Fore, a paramedic who was later discovered deceased in Dillon County, South Carolina. An investigation into her death is underway, with an autopsy planned for the upcoming Monday.

Chief Weisler further noted Smith’s extensive criminal record in South Carolina, which spans over a decade and includes both property and violent offenses. He emphasized the profound loss felt by the state police, marking the third officer to be killed in the line of duty within the last nine months—a stark contrast to the preceding 30 years without such an incident. Weisler expressed a fervent desire for such violence to end, mourning the loss of Officers Ferguson, Hernandez, and now, Hare, all of whom were “violently murdered in cold blood.”

As the police community mourns, they also stand resolute in their commitment to justice for Officer Hare, with Weisler firmly stating, “Jaremy Smith, we are coming for you.” Hare’s passing leaves behind a grieving girlfriend and two young children, a poignant reminder of the human toll of such senseless acts of violence.

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Keller sues store, claims it — not the city — is responsible for criminals, vagrants

The City of Albuquerque is taking legal action once more against the Adam Food Market, situated at 7817 Central Avenue NE, a site notorious for criminal activities, including seven homicides since 2020. 

Mayor Tim Keller stressed Albuquerque’s supposed commitment to public safety and the responsibility of businesses to contribute to a secure community environment, especially in light of the repeated violent incidents associated with the market.

Despite a previous lawsuit to temporarily close the market being dismissed, the persistence of criminal activities under new ownership has prompted the city to initiate another lawsuit. 

Recent undercover operations by the Albuquerque Police Department (APD) at the market led to multiple felony arrests and the seizure of illegal drugs and firearms, highlighting the ongoing issues at the location.

APD officials, having discussed the crime situation with the market’s new owners without receiving any subsequent cooperation, are now suing the establishment. APD Chief Harold Medina expressed optimism about building a stronger case this time around based on the new evidence the City gathered.

Mayor Keller pointed to what he claimed was a significant financial and resource burden the Adam Food Market has placed on the city, with $400,000 spent over four years addressing incidents at the location. According to Keller, this expenditure detracts from other essential city services and emergency responses. However, the lack of meaningful crime prevention and the emboldening of criminals and vagrants due to the City’s policies apparently don’t factor into the lawsuit.

The city’s legal team, led by City Attorney Lauren Keefe, is preparing to officially file the lawsuit in the coming week, aiming to address and mitigate the crime hotspot’s impact on the Albuquerque community, according to KRQE 13 News.

Across Albuquerque, businesses have been forced to hire private security to protect their properties, with the businesses being forced to remove vagrants from the premises, while the City’s ordinances clearly show it is Albuquerque’s responsibility. 

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Governor hints at agenda items she intends to add for 2024 session

New Mexico’s 2024 legislative session, running from Jan. 16 to Feb. 15, is poised to address critical issues, particularly gun violence. In a recent update on the Public Health Order, Governor Michelle Lujan Grisham acknowledged the urgency of tackling the escalating problem of “gun violence.” 

She emphasized, “Gun violence is out of control. Public safety and crime are out of control.” The governor outlined plans for the upcoming 30-day session, focusing on public safety, police retention and recruitment, and potential enhancements to existing laws.

Governor Lujan Grisham expressed satisfaction with the effectiveness of the anti-gun forcible locking up of firearms law passed in 2023 but said there is a need for even more anti-gun laws, per KOAT 7. She emphasized a multifaceted approach, including educational initiatives for parents and families, expanding successful programs like the Violence Intervention Program at schools, and launching targeted campaigns to reach students directly. The governor affirmed her commitment to strengthening laws if needed, citing the “red flag” law as a potential area for improvement.

During a press conference in December, Governor Lujan Grisham also announced plans to include an “assault weapons” ban on the legislative agenda. NMSU’s Assistant Professor of Government, Dr. Cory Sukala, acknowledged the challenges of addressing gun-related legislation in a month-long session, especially with budgetary considerations taking precedence. Dr. Sukala highlighted the governor’s ability to influence legislative priorities but noted that they aren’t legally binding directives.

Given the limited time during regular sessions, Dr. Sukala suggested the possibility of a special session dedicated solely to addressing public safety and violence-related concerns. That would likely take place due to the lack of support in the current Legislature to ram through anti-gun bills, even from Democrats. That’s why the governor would have to force the issue in a special session if she is to see any such anti-gun “assault” bill pass. 

Sukala emphasized that such a move would underscore the governor’s obsession with snatching guns by any means necessary. As New Mexico gears up for its legislative session, the debate around gun control legislation and public safety measures is set to take center stage.

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Which New Mexico city is the safest?

New Mexicans all know its largest city, Albuquerque, is the deadliest in the state, according to World Population Review, but which New Mexico city is the safest?

Small towns are often celebrated for their close-knit communities and a sense of charm and safety. A recent analysis by MoneyGeek, a personal finance site, delved into FBI crime data from the past year to identify small towns and cities with populations ranging from 30,000 to 100,000 that excel in safety. The analysis aimed to calculate the cost of crime in each area, considering impacts on victims and the justice system. Violent crimes were weighed more heavily due to their typically higher costs.

Christmas on the Pecos in Carlsbad, NM. Photo: NM Department of Tourism.

Surprisingly, many of the safest small communities were concentrated in the Northeast. Monroe Township in New Jersey claimed the top spot, boasting low property and violent crime rates. Hillsborough Township, also in New Jersey, secured the second position. Other Northeastern towns like Wallingford, Connecticut; Shrewsbury, Massachusetts; Westfield, New Jersey; Cranberry Township, Pennsylvania; and Princeton, New Jersey, all ranked in the top 10.

Beyond the Northeast, Zionsville, Indiana; Mason, Ohio; and Lone Peak, Utah, also received high safety scores. Notably, California, often associated with high crime rates in larger cities, had two cities – Rancho Santa Margarita and Danville – in the top 15.

MoneyGeek further broke down the data to identify the small towns or cities with the lowest crime costs in each state. Notable mentions included Rancho Santa Margarita in California, Windsor in Colorado, and Shrewsbury in Massachusetts.

Carlsbad, New Mexico, emerged with a cost of crime per capita of $1,410, securing its place in the analysis as the safest city in New Mexico. This demonstrates the town’s commitment to maintaining a safe environment for its residents.

Carlsbad Caverns National Park Jirka Matousek, Wiki Commons.

Clovis had a crime cost per capita of $1,593, Santa Fe’s was $2,361, Hobbs’ was $2,841, Farmington’s was $3,006, and Roswell’s was $3,851, according to the study.

The nationwide crime landscape in 2022 revealed a drop in overall violent crime by 1.7%, with a significant 6.1% decline in the murder rate. However, property crimes surged by 7.1%, attributed in part to a notable increase in motor vehicle theft.

While small towns are often perceived as havens of safety, the study also highlighted exceptions. Monroe, Louisiana, for instance, experienced a higher crime cost in 2022 than the majority of large cities. Despite the overall trends, it’s evident that some small towns, like Carlsbad, are successfully prioritizing safety and community well-being.

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Punk shoots up ABQ mall — a ‘gun-free zone’

On the afternoon of Friday, Nov. 24, the Albuquerque Police Department (APD) swiftly responded to reports of gunfire at Coronado Center — a “gun-free zone” — in northeast Albuquerque. The incident occurred shortly before 4 p.m., prompting a significant police presence.

Around 100 officers who were initially monitoring a rally at the Uptown Shopping Area were quickly redirected to Coronado Center upon receiving alerts of shots fired.

Gilbert Gallegos from the Albuquerque Police Department provided updates following the incident, stating, “The suspect is not in custody. To my understanding, they did a foot pursuit, chased him out of the mall, and he was able to escape at this point. We do have a good description. We believe we may have photos later tonight. We’re getting those analyzed and checking with different witnesses who were involved, but at this point, everybody is safe at the mall, everyone is safe in the surrounding area. We don’t believe there’s any kind of threat to the public.”

Another photograph of the suspect:

Witnesses inside the mall described a chaotic scene, with people rushing to safety. Maryah Lovato shared, “We didn’t hear gunshots. We just… everybody piling up, like falling over each other. We thought maybe something, a fight was happening, so we just ran out. We were stressed out, just trying to get to somewhere safe.”

By 4:54 p.m., APD confirmed that there was no active shooter. An off-duty Bernalillo County Sheriff’s Office deputy or lieutenant pursued the offender. While APD had a description of the suspect, they anticipated releasing photos later that evening.

Fortunately, there were no reported injuries, and officers discovered at least one bullet casing at the scene. The firearm used in the shooting was not immediately identified.

Crucially, APD clarified that there was no connection between the rally held earlier and the shooting at Coronado Center. The mall, however, remained closed for the remainder of the evening following the incident.

The suspect was later identified as 14-year-old Isaiah Montoya.

Reports indicate that immediately after the shooting, around 3:51 p.m., officers detained a juvenile involved in a confrontation with Montoya. The juvenile revealed a prior friendship with Montoya but mentioned an ongoing dispute over social media. Following a physical altercation at the mall, Montoya allegedly brandished a silver handgun and pursued the juvenile and another individual. The situation escalated as Montoya fired a round outside the mall, causing panic among shoppers and workers.

Surveillance footage and eyewitness accounts, including those of an off-duty Bernalillo County Sheriff’s lieutenant, provided a detailed sequence of events. Montoya, carrying the firearm, initially walked away from the mall entrance but then turned back, firing a shot that struck the building. Additional footage captured Montoya manipulating the handgun outside the mall before fleeing the scene toward Menaul Blvd.

A gun matching Montoya’s firearm was discovered near the mall on November 25th, 2023, and subsequently turned over to the police. A warrant from the Children’s Court approved charges against Montoya, and efforts are underway to apprehend him.

Concerns have been raised regarding the potential culpability of Montoya’s guardians under Bennie’s Law, an anti-gun law recently passed regarding minors getting access to firearms from their parents or legal guardians. The law stipulates that if a child gains access to a negligently stored gun, resulting in harm or death, it constitutes a fourth-degree felony with a possible sentence of up to a year and a half in prison.

The application of the law hinges on whether the child causes harm, turning it into a misdemeanor if no injuries occur. The involvement of Montoya’s guardians in legal proceedings remains unclear at this point. However, despite the law, it appears it has not been a deterrent whatsoever, as crimes involving minors and firearms have gone up since its passage.

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Suspect accused of murdering 11-year-old released pending trial

One of the suspects implicated in the tragic killing of 11-year-old Froylan Villegas is being released from custody prior to the trial. Daniel Gomez, alongside his co-defendants, faces charges of murder and various other offenses related to the shooting that claimed Froylan’s life and left his cousin, Tatiana Villegas, injured outside Isotopes Park last month.

The prosecution initially sought to keep Gomez detained until the trial. However, they withdrew this motion, asserting that Gomez played a smaller role in the shooting than initially believed. Despite his co-defendants remaining in jail awaiting trial, Gomez awaited the judge’s decision on the conditions of his release. On Wednesday, Judge Emeterio Rudolfo expressed some reservations.

“It’s still an open count of murder that hasn’t been dismissed or reduced in any way,” noted Rudolfo.

As part of his release conditions, Gomez will be required to wear a GPS monitor, observe house arrest, and can only leave for employment purposes.

“The court cannot obviously retain you when there’s no motion before the court,” Rudolfo stated. “I would like something more in line with a house arrest on the GPS and just out to work and nothing else.”

Judge Rudolfo underscored the gravity of the murder charge and emphasized Gomez’s fortune in light of the altered stance by prosecutors regarding pretrial detention.

“The nature of the charge, you’re pretty fortunate that the state withdrew their motion for preventative detention,” Rudolfo pointed out. “In order to remain at liberty, however, you need to comply with all these conditions. Otherwise, you’ll be back in jail awaiting resolution of your case.”

Gomez assured the court that he understood and intended to adhere to all specified conditions. “Yes, your honor. I understand every condition, and I plan on abiding by those rules at all costs,” Gomez affirmed.

The shooting of the 11-year-old was the justification Democrat Gov. Michelle Lujan Grisham used to sign an unconstitutional executive order banning all open or concealed carry in Albuquerque and Bernalillo County — a move that a federal Joe Biden-appointed judge quickly struck down.

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Thief snatches beloved Virgin Mary statue from ABQ church

In an act of pure evil that has left hundreds of parishioners heartbroken, a beloved decades-old statue of the Blessed Virgin Mary has vanished from St. Anne’s Catholic Church in Albuquerque, New Mexico. The theft of this cherished five-foot statue, which had warmly greeted churchgoers for years, occurred back in August. It was reported when a church member witnessed a vehicle performing donuts in the church’s parking lot.

Now, all that remains in place of the statue is a simple wire outline, a poignant reminder of its absence. The church promptly filed a police report in the hope of recovering the stolen statue, but the initial response from law enforcement offered limited prospects for its return, according to KRQE News 13.

St. Anne’s Associate Pastor Benjamin Maes expressed the church’s frustration, saying, “The police came, and there was a report filed at that time; there was really nothing they could do, they said, but to ask around and to ask our community.” However, the incident did lead to an increased police presence in the area.

The statue of the Virgin Mary held great sentimental value for the congregation and was created by artist Felix Pedroncelli in 1999, fashioned from metal and fiber cement. It had graced the church’s front steps since its creation. Pedroncelli, who had earlier crafted a similar smaller statue for another part of the church, is deeply saddened by the theft but has pledged to create a new statue if the church requires one.

Pedroncelli shared his sentiments, saying, “Whatever I make, I donate them to people; It’s just my joy seeing somebody happy.” He hopes that the stolen statue can be returned, sparing him from having to create a new one. However, if it has been damaged or destroyed, he stands ready to repair and reinstall it for the church and its faithful congregation.

This unfortunate incident serves as a reminder of the challenges facing communities, including instances of theft and vandalism, and underscores the need for vigilance and community support. Albuquerque, in particular, has faced high crime rates under Democrat city and state leadership, with concerns about public safety remaining at the forefront of local discussions.

Recent unconstitutional actions by anti-gun Gov. Michelle Lujan Grisham to disarm Bernalillo County citizens were struck down this week by a Joe Biden-appointed federal judge, but the governor reinstated the order for parks and many public places in direct defiance of the temporary restraining order granted by the judge. 

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