Defendants accused in death of developmentally disabled woman to appear in court
BERNALILLO — Two caregivers charged in connection with the death of a disabled woman found clinging to life in the back of a van at the U.S.-Mexico border now stand accused of violating the conditions of their release, prompting prosecutors to ask a judge to lock them up until their trial.
Angelita Chacon and Patricia Hurtado appeared before 13th Judicial District Judge Christopher Perez for a hearing Monday on allegations they removed their GPS ankle monitors and were in communication with each other, but the judge did not issue a ruling. Instead, Perez granted their attorneys' request to delay the hearing, which he said will probably be set within two weeks.
Both women hurried out of the courtroom afterward, and neither one of their attorneys returned a message seeking comment.
The alleged violations of Chacon and Hurtado's conditions of release is the latest twist in a caretaker abuse case that shook New Mexico and the state's Developmental Disability Waiver program after Mary Melero, who was under Chacon's care, was discovered unresponsive and wrapped in a blanket in the back of a passenger van after an inspection at the Bridge of the Americas Port of Entry in El Paso in February 2023.
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Patricia Hurtado is shown in the state District Court in Sandoval County on Monday for a hearing on the conditions of her release.
The incident triggered a sweeping review of the so-called DD Waiver program and in-person wellness checks on everyone in the program across New Mexico.
Melero, who had autism and was in a state-run program for people with intellectual and developmental disabilities, was severely dehydrated and drugged when she was found by U.S. Customs and Border Protection agents. She also had numerous open wounds, including chronic bedsores with exposed bone, bruises and lacerations on various parts of her body, as well as ligature marks consistent with prolonged restraint, according to court documents.
After Melero was transported to a hospital in El Paso, medical staff determined her wounds were at different stages, suggesting Melero was a victim of chronic abuse. After spending more than a month in the hospital, Melero was removed from life support and died.
Chacon, who was Melero's primary caregiver, was charged with five criminal counts, including abuse or neglect of a resident resulting in death. Hurtado, who was Chacon's live-in girlfriend at the time, also was charged with abuse of a resident resulting in death.
Supplemental indictments allege the women made fraudulent claims to receive Medicaid benefits for the Customized Community Support program for caring for Melero, as well as Chacon's special-needs son.
After they were arrested, an order setting their conditions of release required both, among other provisions, to be placed on electronic monitoring and not to have direct or indirect contact with each other, which prosecutors alleged they violated.
"The defendants were alleged to have violated their conditions of release by taking off their ankle monitor and communicating with each other — very clear disregard for the judge's order — so we had requested that the conditions of release be revoked and that that they be remanded into custody," Joseph Martinez, acting director of the Medicaid Fraud Control Unit at the New Mexico Department of Justice, said in an interview outside the courtroom.
"The judge granted the defense's continuance request to have the hearing very shortly, so we will be prepared at that hearing to request that both defendants be remanded into custody," he said.
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State District Judge Chris Perez speaks Monday during a hearing for Angelita Chacon and Patricia Hurtado on Monday.
A motion to revoke Hurtado's conditions of release alleges she "admitted to having removed her GPS ankle monitor to leave the county" after an informant alerted authorities.
"The informant stated ... she was concerned for her safety because defendant had been sending her 'threatening text messages' after she had witnessed defendant's violations of her conditions of release," documents state. "Pretrial Services also claims that Patricia admitted to remaining in physical and telephonic contact with her co-defendant and even giving Ms. Chacon money ... to pay her bills."
The state's motion to revoke Chacon's conditions of release alleges Hurtado told authorities Chacon had removed her ankle monitor to leave the state.
"The defendant's conduct of removing her GPS monitor and leaving her county of residence so close to her trial setting highlights the degree to which she represents a risk of flight," documents state.
Martinez called the allegations against Chacon and Hurtado "horrific."
"Our job at the New Mexico Department of Justice is to hold bad actors accountable," he said. "That's why we are doing our absolute best to bring justice to the vicim in the case and to make sure that everything is investigated and prosecuted thoroughly."
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