New Mexico
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.
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.
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.
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.
Magee was released from custody Tuesday and has a mental evaluation scheduled in April.
SALT LAKE CITY — A missionary for The Church of Jesus Christ of Latter-day Saints from Utah has passed away in his sleep unexpectedly Saturday in New Mexico, according to a news release from The Church.
Elder Caleb Gene Martin, 21, died from a medical cause that has not been determined, Church spokesman Sam Penrod said in a statement.
According to The Church, Martin had been serving in the New Mexico Farmington Mission since May 2024. He was from Salem, Utah.
Elder Caleb Gene Martin, 21, died in his sleep on Jan. 3 from a medical cause that has yet to be determined. He was serving in the New Mexico Farmington Mission. (The Church of Jesus Christ of Latter-day Saints)
“We extend our heartfelt condolences to his family, friends and fellow missionaries. We pray they will find comfort and strength through their faith in the gospel of Jesus Christ and feel the Savior’s love as they honor Elder Martin’s life and devoted missionary service,” the statement said.
According to the release, an autopsy is planned.
This is a developing story and may be updated.
Southeastern New Mexico will see some snow while other places will generally see cooler, more winter-like temperatures. See the latest conditions at KOB.com/Weather.
ALBUQUERQUE, N.M. — Some notable cities in New Mexico could see multiple inches of snow, along with possible wind and cooler temperatures Sunday into Monday.
There is going to be snow across the southeast. A winter storm advisory is in effect all throughout areas like Ruidoso and out toward the Texas state line. A winter storm warning for Carlsbad and even a blizzard warning for the Guadalupe Mountains. These advisories and warnings indicate it’s going to continue until Monday at 6 p.m.
How much snow might there be? Ruidoso could see a few inches, along with other higher-elevation areas. Carlsbad might even see as much as two inches and Roswell has a very good chance of snow.
Wind gusts ranged from 23 mph for Hobbs and Clovis, 25 in Santa Rosa and similar readings in other places. Temperatures could hit sub-freezing temperatures in places like Ruidoso, Roswell, Carlsbad and Hobbs. Meanwhile, Gallup and Grants could get into the single-digits. Plus, places like Albuquerque and Santa Fe will be in the 20s but the big “winner” is Alamosa, Colorado, with 2 degrees.
Chief Meteorologist Eddie Garcia shares all the details in his full forecast in the video above.
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