Latest news with #Armijo
Yahoo
04-05-2025
- Yahoo
A fatal crash with no citation? Police cite loophole in New Mexico law
A recent fatal crash involving a Santa Fe city bus driver appears to point to a loophole in New Mexico's statutes and raises a question: Is it possible for a driver to kill someone without being cited for even a traffic violation if the collision doesn't occur on a roadway? The answer, according to Santa Fe police and a local attorney, is yes. "What's surprising is that it does seem like something fell between the cracks, but at the same time, these have been the laws for a long time," attorney John Day said. City bus driver Robert Armijo was on duty, driving a city-owned Honda Civic, one day in late March when he struck and killed 75-year-old Glen Smith, who was sitting on a bus stop bench outside the Santa Fe Place mall. Armijo told police he had meant to put the car in reverse, but it moved forward, and instead of pressing down on the brakes — as he meant to do — he put his foot on the gas pedal twice, according to reports. The Civic jumped over a curb and onto a median and struck the bench where Smith was sitting, pinning Smith under the car. Smith, a longtime appraiser at Stephen's A Consignment Gallery, was pronounced dead at the scene. Reports from the Santa Fe police investigation into the crash indicate officers found cause to charge Armijo with careless driving, a petty misdemeanor, but he wasn't charged "since the crash occurred on private property." Day said he agreed with the investigators' conclusions after reviewing the relevant state statutes. The driver doesn't appear to have shown signs of driving "recklessly, wantonly or willfully," which is the standard for "criminal negligence" a prosecutor would need to pursue a case of involuntary manslaughter, he noted. Instead, the case likely boiled down to a possible charge of either careless driving or reckless driving — two charges with different legal standards for prosecution — Day said. While "reckless driving" could occur on private property, the statute for careless driving includes language stating an incident must occur "on highways" for a driver to be charged, and past rulings have held the charge does not apply to driving that takes place in a parking lot. Santa Fe attorney Tom Clark highlighted the differences between careless driving and reckless driving. "You can't be charged for vehicular homicide just for driving in a careless manner," Clark said. "A lot of vehicular homicide cases deal with the question of 'carelessness' versus 'recklessness,' which is either driving under the influence or speeding plus other things, like running stop signs or something like that." Clark emphasized the words "willful or wanton" in the state statute on reckless driving — which involves driving "carelessly and heedlessly in willful or wanton disregard of the rights or safety of others." He noted it is "a pretty high standard." Police said they didn't file a charge of careless driving against Armijo because the incident took place on private property, reasoning the bus stop was privately owned by the owners of Santa Fe Place. The city has been granted "conditional access privileges" to the property, police said. Day said that appears to be in accordance with the law, including the provision requiring careless driving to take place "on highways." The owners of the mall and its parking lot — New York-based Kohan Retail Investment Group — did not respond to emails and phone calls seeking comment. State lawmakers who are concerned about careless drivers falling through that loophole — by, say, driving carelessly in parking lots — might take a look at the language in the statute, he said. For police to enforce traffic laws in the mall parking lot, Day said, the mall's owners would likely need to provide written permission, and the city would need to pass an ordinance saying as much. State Rep. Christine Chandler, D-Los Alamos, said in a recent interview the fatal crash in Santa Fe was "not the first time" she has heard of the location of a crash — on private property — being the distinguishing factor as to whether or not certain traffic laws can be enforced. Chandler said she would like to hear from law enforcement about how often the private property question poses an impediment to enforcing traffic laws. "It's worth taking a look at because there could be other situations, and obviously this one is horrifically tragic," she said. "We don't want to be, as you say, 'out for blood,' but it's that there is no accountability mechanism at this point, from what I'm interpreting the police to be telling us." Santa Fe police Deputy Chief Ben Valdez noted a bill was proposed in the recent legislative session that would have allowed officers to charge a driver with a careless driving offense if an incident on private property results in "great bodily injury" or death, making it a fourth-degree felony. During a committee hearing in March, Valdez spoke in support of the bill on behalf of the department, he said, but it was not advanced. "The discussion has started, and I am hopeful it will have an opportunity to be considered in a future legislative session," Valdez said. Several other careless driving charges have been filed in Santa Fe County so far this year. In one, a man was charged by a New Mexico State Police officer for driving 55 mph on Interstate 25 without having his emergency lights on, and in another, a man was charged by a Santa Fe County sheriff's deputy in Nambé for striking a stopped car when he apparently made too wide of a turn, according to court records. "In this case, you've just got to have criminal negligence or this recklessness — this willful disregard, you know," Day said, acknowledging the Armijo case didn't appear to meet the standard for reckless driving. "As surprising as it is, it may just be something that is relegated to the civil courts — like, if the estate of this poor guy wanted to sue the city." A wrongful death lawsuit would likely proceed the same way with or without a traffic or criminal citation, Day said, based on the facts presented by the police investigation. While a criminal case would need to prove "guilt beyond a reasonable doubt," a potential civil case would need to prove negligence based only on "a preponderance of the evidence," he noted. Day criticized the Santa Fe Police Department's initial finding of "no driver error" on Armijo's part, which appeared in a crash report released in the weeks after the incident. He called it an "absurd" finding and said it "raised questions about the independence of the investigation." "If they claim that the investigation shows there's no criminal charge, that's one thing," he said. "And that's why, I would think, if you're a taxpayer in the city, you might want an outside agency investigating something like that, that involves a city employee, but that's not how they chose to do it." In response, Valdez pointed to past statements about the crash report, in which he said the department "filed and made public the initial crash investigation for this incident prematurely," adding "the investigation remains active and the forwarding of the report should have been done once complete." A report disclosed by the agency states the case was closed in April, but Valdez said the department is "still evaluating all avenues to determine if the officer can lawfully charge or issue a citation."
Chicago Tribune
23-02-2025
- Health
- Chicago Tribune
Chicago Catholics pray for Pope Francis as he remains in critical condition
Chicago-area Catholics gathered at Holy Name Cathedral on Sunday to pray for the health of Pope Francis, who remained in critical condition with double pneumonia. 'I'm praying that he pulls through,' said Rose Williams, who attended morning Mass. 'He deserves that opportunity to continue to lead us, and so we just hope he'll pull through and be able to lead us through these trying times.' The 88-year-old pope, who has a chronic lung disease and is prone to respiratory illnesses in winter, was admitted to Gemelli Hospital on Feb. 14 after a weeklong bout of bronchitis worsened. He suffered a prolonged asthmatic respiratory crisis while being treated for pneumonia and a complex lung infection, the Vatican said. Blood tests show signs of early kidney failure but he remains alert and 'well-oriented,' according to the Vatican. He also participated in Mass with 'those who are caring for him during these days of hospitalization.' Chicago Catholics praised the pope Sunday for his courage to speak out against injustice and his willingness to challenge traditional viewpoints in the Catholic Church. 'He's led by a lot of words, but his example is extraordinary,' said the Rev. Louis Cameli, a priest with the Archdiocese of Chicago and who has met Pope Francis. Cameli pointed to the pope's 2013 visit to Lampedusa, an island in southern Italy, to meet with and pray for refugees and migrants as an example of that. The pope used his visit to the Island – a transit point for many African refugees – to spotlight the plight of migrants and asylum seekers fleeing war, persecution and poverty, a topic he has revisited often during his pontificate. 'He demonstrated with that visit that he is really concerned about people who are on the edge and that causes all of us, I think, to take another look at how we deal with people on the margins,' Carmeli said. For some, the pope's more progressive actions were a welcome change. Ivan St. John, who lives in the Ukrainian Village and came to Holy Name to pray, liked how Pope Francis has been more welcoming to the LGBTQ+ population and has had more lenient stances on divorce compared to his predecessors. 'I think the Catholic Church needs to move forward with time,' St. John said. 'So I think he's been great in that sense, especially if you compare him to his predecessor, that he's been a really breath of fresh air.' Theresa Armijo, who was visiting Chicago from New Mexico, expressed a similar sentiment. 'He really believes in the poor, and he's practiced it and he loves the Church and he loves its people,' Armijo said. She also expressed admiration for the pope's Argentinean origins. 'I love that he's from South America, because we have a lot of people…from South America that have not been represented because we've always had Italian popes, so I like that we shook it up a little bit,' Armijo said. Others were not as enthusiastic with the pope's track record. Anna Leja, who stood outside Holy Name to raise awareness for the closed St. Adalbert's Catholic Church in Pilsen, wished the pope would have embraced a more traditional church. 'I think he was very confusing to a lot of Catholics,' Leja said, who said she was 'disgusted' by the pope's comments that people do not need to breed 'like rabbits ' in order to be good Catholics. Despite these comments, Leja is still praying for the pope. 'He's old and he has all kinds of health problems, so at this point, I would pray for a good passing and that he is received in heaven' Leja said.
Yahoo
08-02-2025
- Politics
- Yahoo
Who's running for Albuquerque mayor? Here's what we know.
Feb. 7—There are 270 days until the mayoral election, and so far one person has filed to run. Mayling Armijo, former deputy county manager for Sandoval County, is the first candidate listed on the City Clerk's website. If elected, she would become the first female mayor of the city. "I'm not a politician. I want the job. I want to fix this, I want to do this. I'm very passionate about the city," Armijo told the Journal on Monday. "Moving away is not an option. Fixing it is." While the mayor's race is technically nonpartisan, Armijo said she identifies as a moderate Democrat. Armijo worked as director of economic development for Bernalillo County and served in the Navy Reserve for 14 years with one deployment. She will challenge incumbent Tim Keller, who is vying to become the first Albuquerque mayor elected to three consecutive terms. Keller has not filed yet. "Mayor Keller is focused on running the city and will likely get to filing in March," Staci Drangmeister, a spokesperson for the mayor, said in a statement. Like Keller, Eddie Aragon is planning to file in March. The local conservative radio show host ran for the city's highest office in 2021, coming in third with 18% of the vote, as Keller cruised to reelection with 56%. Aragon told the Journal that he only got 18% of the vote because he entered the race so late and wasn't taken seriously by the media. "I brought a lot of energy. There were lines out the door. I believe that I got way more than 20%," Aragon said, adding that his vision for the city is the same as it was in 2021. Aragon won't be the only Republican-leaning candidate in the race. Eddie Varela, a 72-year-old retired firefighter who served as a deputy chief and union president, told the Journal he is running for the job. "I was born and raised here. It's been good to me, and I remember the days when it was a beautiful city, and I think we can do that again," Varela said in an interview last month. He also has yet to file. The Regular Local Election, which also includes the seats in City Council Districts 1, 3, 5, 7 and 9, is slated for Nov. 4. The deadline for candidates to file is Aug. 26.
Yahoo
30-01-2025
- Business
- Yahoo
Former New Mexico Tech president contends he was fired for exposing mismanagement
Jan. 30—Stephen Wells is a geologist by profession, but after becoming president of one of the state's most prestigious universities, the New Mexico Institute of Mining and Technology, he became a financial sleuth. He wanted to know why all of Socorro-based New Mexico Tech's short-term funds — to the tune of more than $46 million in cash — were parked at a single local bank that paid an "extremely low" rate of return, according to a new whistleblower protection lawsuit filed in state district court in Santa Fe. Wells contends his questioning of that practice and other "critical issues of mismanagement" cost him his job. He was abruptly "forced out" a month after the bank's lawyer became president of New Mexico Tech's Board of Regents, his lawsuit states. "He did nothing wrong except he stepped on toes," said one of his lawyers, Joleen Youngers. Wells discovered the university was losing millions of dollars in interest income that his lawsuit states "would have gone to the benefit of the university and students." An outside university lawyer and an accounting firm he consulted confirmed as much, his lawsuit stated. But when he informed the school's Board of Regents of his concerns in 2020, the regents took no action. He also investigated the mismanagement of endowment funds; the payment of $1 million in unjustified royalties; the improper use of certain scholarship funds; and the continued employment of an employee "who was given a six-figure salary by a member of the administration with whom she was having an affair," states the lawsuit filed against the New Mexico Tech Board of Regents, who have the authority to hire and fire the school's president. A New Mexico Tech spokesman, reached Tuesday, told the Journal in an email, "We do not comment on pending litigation." Wells, who was hired by the board as president in 2016, was also awarded a tenured full professor position in the Earth and Environmental Sciences Department at the school, which "has kind of been a shining star in terms of esteem," Youngers said. The lawsuit states that he was fired "out of the blue" in April 2023 by a 4-1 vote of the regents. Spearheading his dismissal was attorney Jerry Armijo, who has been on the board since 2003, becoming president in March 2023, the lawsuit states. Armijo, who could not be reached for comment for this story, asked to meet with Wells before a scheduled board meeting and gave him a "mutual termination agreement." Armijo allegedly told him he wanted Wells to step down that same day. Wells says he never got an answer from Armijo as to whether he was being let go "for cause." "Dr. Wells recognized that if he were forced out, not only would he lose a job he loved and be unable to finish the work he had begun at NMT, but an abrupt termination would cast a shadow of suspicion that would damage his reputation and that of New Mexico Tech," the lawsuit states. Wells requested that the university news release about his departure indicate that he had retired due to health reasons to minimize reputational harm. Two of the four regents who voted for the "mutual separation agreement" had been regents for only two months. Regents are appointed by the governor. Following his "forced resignation," he asked to continue as a tenured professor emeritus in the Department of Earth and Environmental Sciences, but his lawsuit states he learned Armijo had denied the request. "The most egregious issue Dr. Wells had faced and fought against involved the failure to protect and invest in excess of $40 million in cash reserves," the lawsuit states. After becoming president in 2016, he started asking about the status of the university's cash reserves, and was informed by a university vice president that the funds "would yield a higher rate of return if placed with the State Investment Council." An independent accounting firm, RVK, reported in 2020 that the university had entered an agreement with the First State Bank in which it had to keep a minimum of $30 million in cash with the bank, the lawsuit states. That led to Wells asking the university's outside counsel to analyze the agreement. The lawsuit states that the attorney responded in a six-page memo that the agreement "most likely violated the Anti-Donation Clause of the New Mexico Constitution by providing $30 million to a private bank in exchange for no benefit for the university." The independent accountant concluded that the bank held an average of $46 million of university funds, meaning New Mexico Tech had earned $101,751 in interest when it could have collected $2.2 million had the funds been invested in a treasury mutual fund. At the time, First State Bank had assets of about $180 million, the lawsuit stated, meaning that the university's public funds tied up in the low-interest-bearing account made up about one-fourth of the bank's assets, states the lawsuit. The RVK study also criticized the agreement with the bank because, unlike treasury securities that are regulated by the Securities and Exchange Commission and are FDIC-insured, keeping the $46 million with First State Bank was risky because only $250,000 of those millions were insured by the FDIC because it is a bank, the lawsuit states. Efforts to obtain comment from bank officials this week were unsuccessful. Santa Fe attorney John Day, who also represents Wells, said the regents have a fiduciary duty to make the best investments of the school's funds. "What's the benefit to the school to keep the money in a lower or basically zero-interest-bearing account? And who benefits?" Day told the Journal. "Does the small, family-owned bank benefit? Yes. "The reality is, the regents are duty bound to put the interest of the school, the university, above their own self-interest. That's why we believe it was a betrayal of the public trust."
