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How will new laws come into play in mental competency challenges?

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How will new laws come into play in mental competency challenges?


Since 2017, the governor’s office says 18,000 criminal charges in New Mexico have been dismissed because of competency issues.

ALBUQUERQUE, N.M. – A woman was caught on camera smashing windows and damaging nearly a dozen Albuquerque city and police vehicles.

It isn’t the first time she’s reportedly done something like this. So why, after spending less than 24 hours in custody, is she already out of jail?

Danielle Magee’s case highlights a major issue we’ve seen in thousands of cases in New Mexico. They’ve been dismissed because the suspects are deemed not competent to stand trial. 

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KOB 4 has been digging into what lawmakers in Santa Fe did to try to address the issue and what more needs to be done. 

It’s a longstanding issue, the so-called revolving door in New Mexico’s justice system. Suspects arrested, deemed incompetent to stand trial, and then released back on the streets only to repeat the cycle over and over.

It’s one of the issues lawmakers addressed this session, but the question is how will it be implemented?

“We are tired of seeing the same people coming back into the system and not being able to do anything for them,” said Deputy Bernalillo County District Attorney, Steven Diamond. 

That is exactly what has happened to repeat offender, Danielle Magee. A security camera caught her smashing the windows of 21 city and police cars parked downtown. 

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This is the latest chapter in a long story. She has been charged several times since 2022 for similar crimes:

  • 2024: Damaging a police vehicle
  • 2023: Damaging eight city vehicles and 32 personal vehicles in Civic Plaza

In the majority of those cases, she’s been found incompetent to stand trial.

“As annoying as her crimes are, as they create public safety concerns, they don’t rise to that level of dangerousness. So the law would say her case gets dismissed,” said Diamond. 

Since 2017, the governor’s office says 18,000 criminal charges in New Mexico have been dismissed because of competency issues. 

This past legislative session, lawmakers passed a crime package that creates access to behavioral health care across the state for these offenders. 

“We are now able to offer some help for some people who are found incompetent, when we otherwise wouldn’t be able to,” Diamond said. 

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The issue now:

“Those services currently don’t exist. So we aren’t sure how that void is going to be filled,” said Tess Williams with the Law Offices of the Public Defender.

While the Legislature has put in place the groundwork to fix the competency revolving door, prosecutors and public defenders agree the issue isn’t going away immediately. 

“We have a serious need for long term and short term mental health treatment facilities,” Williams said. 

“Passing legislation is not the end of the process. Now we have to figure out how that legislation is implemented,” said Diamond. 

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Magee was released from custody Tuesday and has a mental evaluation scheduled in April.



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New Mexico

New Mexico children, who died by abuse and neglect, honored with Angel Tree

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New Mexico children, who died by abuse and neglect, honored with Angel Tree


The Guardians of the Children has put together the Angel Tree event for the past 10 years.

ALBUQUERQUE, N.M. — The holidays are filled with events and light displays, including the lighting of a tree in Albuquerque Civic Plaza that has a deeper meaning behind it.

People gathered Saturday to light an Angel Tree to honor New Mexico children who have been lost to abuse and neglect. Each of the tree’s ornaments contains the name and a photo of a New Mexico child who lost their life because of abuse and neglect.

“We want people to understand we’re never going to forget them. We’re going to be mentioning their name. I’m of a firm believer that the minute we stop speaking their name, that’s when they’re gone,” said Frank Montano, of the Guardians of the Children Rio Grande chapter.

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Guardians of the Children motorcycle club has put on this Angel Tree event for the past 10 years.

“My prayer is that we don’t need to add anymore,” Montano said. “No child deserves to live in fear.”

Throughout the rest of the year, the guardians will work with the Bernalillo County District Attorney’s Office and the court system to help other kids who have become victims. That could mean escorting the child to court or school and providing protection and comfort to them.

“Most importantly, empower them to not be afraid. Because of all that, our conviction rates are extremely high,” Montano said.

Despite any stereotypes about bikers, Montano says this work is their most important.

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“We use that word ‘adopt’ in our motorcycle family and we give them a road name. They wear a vest, they wear a patch very similar to ours, so they become one of us,” Montano said.



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Ice hasn’t stopped trout in northern New Mexico – Alamogordo Daily News

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Ice hasn’t stopped trout in northern New Mexico – Alamogordo Daily News


Information and photos provided by the New Mexico Department of Game and Fish Eli Rodarte caught a 24-inch rainbow trout using worms in the bait…



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Running hot and cold: New Mexico runners earn 17 All American awards at national XC championships

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Running hot and cold: New Mexico runners earn 17 All American awards at national XC championships


YOUTH SPORTS

Gianna Chavez earns fourth in boys 8-and-under race

Ava Denton, of Albuquerque Athletics Track, competes Saturday, Dec. 13, 2025 at the National Junior Olympic Cross Country Championship meet at Blue River Cross Country Course in Shelbyville, Indiana. Temperatures were in the 20s with a wind chill near zero.

New Mexico had 17 athletes earn All American awards at the 2025 National Junior Olympic Cross Country Championship meet held Saturday at snowy Blue River Cross Country Course in Shelbyville, Indiana.

Gianni Chavez, of Albuquerque Athletics Track, earned his fourth USA Track & Field All American award with a fourth place finish in the 8-and-under boys 2K race. Chavez, an Osuna Elementary third-grader, ran his 2K race in a personal best time of 7 minutes, 44.9 seconds.

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Gianni Chavez celebrates his fourth-place finish Saturday, Dec. 13, 2025.

The top 25 individual finishers and top three teams earn USATF All American awards.

The Cougar Track Club 8U girls team, based out of Albuquerque, placed second and was led by Antonette Marquez, who finished 12th. Other CTC 8U girls team members include Kimberly Reed (31st), Viola Crabbe Maple (55th), Payton Pacheco (61st), Chloe Chino (85th), Emery Grieco (113th) and Zay’a Cheromiah (149th).

Others individual All American award winners include Ava Denton, of AAT, 16th in 13/14 girls 4K; Brynlee Reed, of CTC, 22nd in 15/16 girls 5K; Sihasin Fleg, of Running Medicine, 21st in 8U girls 2K; Eden Pino, of Running Medicine, 12th in 9/10 girls 3K; Nizhoni Fleg, of Running Medicine, 14th in 17/18 girls 5K; Brady Garcia, of Running Medicine, seventh in 17/18 boys 5K; Justice Jones, of Zia, 14th in 9/10 girls 3K; Emilo Otero Soltero, of Dukes Track Club, 12th in 9/10 boys 3K; Miles Gray, unattached, 21st in 9/10 boys 3K.

Also Saturday, at the Brooks Cross Country Nationals in San Diego, Eldorado’s Gianna Rahmer placed 17th in the girls championship 5K with a time of 18:00.7 and Moriarty’s Carmen Dorsey-Spitz placed 25th 18:09.4.

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