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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

Duke Rodriguez challenges state’s universal child care in lawsuit

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Duke Rodriguez challenges state’s universal child care in lawsuit


ALBUQUERQUE, N.M. – Republican candidate for governor Duke Rodriguez is suing Governor Michelle Lujan Grisham over her executive order that started universal free child care before a new law takes effect.

The governor enacted the program through executive order in November.

Lawmakers passed a universal child care law during the past session, but that law does not take effect until May 20.

Rodriguez says he objects to some of the rules and to how the governor started the program. The suit asks the Second Judicial District Court to prohibit further enforcement of any regulations tied to the program. 

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“You could understand an outgoing governor trying to do it for political capital, for expediency just to say, I’m first in the nation.” Rodriguez said.

Rodriguez says he is confident he will win and that the rules he is challenging will be struck down.

“We also now have what we call pre emptive eligibility, which means you don’t even have to prove you’re eligible and you’re covered the moment you walk in,” Rodriguez said. “All of those things individually and collectively that have been proposed and changed probably invite fraud, waste and abuse and you know it.”

The governor’s office responds

The governor’s office sent a statement saying the program was properly implemented and that the governor is confident the lawsuit will be rejected.

A spokesperson for the governor sent KOB 4 the following statement:

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This lawsuit makes clear that Mr. Rodriguez has a fundamental misunderstanding how state government works.  He states that ECECD did not have the authority to undergo rulemaking regarding universal childcare. They do. He states that ECECD did not have the funding to implement the program when they did their rulemaking. They did. That is why the program was operational in December – before the 2026 Legislative session started.  Perhaps more importantly, the lawsuit ignores that the legislature passed SB 241, which codified the program and its future funding into law. The governor is confident that the courts will reject his meritless claims.



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New Mexico

Love 4 Pets with Woody, Zwei, Kenai

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Love 4 Pets with Woody, Zwei, Kenai


Woody is up for adoption with the City of Albuquerque’s Animal Welfare Department. Meet him here!

ALBUQUERQUE, N.M. — In this Love 4 Pets, we have Woody, Zwei and Kanai, who are all up for adoption at the City of Albuquerque’s shelters.

Woody is looking for a loving home after going through the ringer. He came to Albuquerque Animal Welfare about a month ago after he was hit by a car. He’s healing from some pelvic fractures and is moving slowly so he can hang out in the backyard and go for short walks.

Woody is very smart and can sleep all night. They believe he is about nine years old and is believed to be a Lab mix. He’s very sweet and is house-trained.

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Woody is set to be 100% ready soon. You can meet him in the video above or at the Eastside Animal Shelter (details).

We also have Zwei and Kenai.

Zwei:

An Australian Shepherd mix, Zwei is a little tripod who is a great companion, has wonderful manners and loves to lean into you for hugs. She walks beautifully on a leash and doesn’t miss a beat, even with only three legs.

Zwei is currently in foster care. If you are interested in adopting her, contact Albuquerque Animal Welfare to set up a time to visit her.

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Kenai:

Kenai is a Labrador retriever mix. He is a friendly, affectionate boy who enjoys being around people and has good manners. He walks well on a leash and is very excited about exploring the world.

Kenai loves attention, toys (especially stuffed animals) and car rides. So, if you’re looking for an adventure buddy, you can meet him at the Westside Animal Shelter (details).



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New Mexico

Warm start to the week across New Mexico

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Warm start to the week across New Mexico


Grant’s Monday Night Forecast

A few evaporating rain showers are possible again Tuesday with warmer temperatures. Windier weather later this week will bring a high fire danger back to New Mexico.

It’s been a warm day with a few isolated showers and thunderstorms across central and northern New Mexico. Some of that rain has made it to the ground, while other showers have evaporated before reaching the surface. Temperatures have climbed into the 70s and 80s for most of the state. Showers will fade after sunset, with mostly clear skies overnight and mild temperatures.

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Even warmer weather is on the way Tuesday with lighter winds. More areas will reach the 80s by the afternoon. A few spotty showers will develop again, especially near the mountains, with some of that rain evaporating before reaching the ground.

Winds pick up Wednesday afternoon, with gusts between 25 and 45 mph. This will begin another stretch of high fire danger across the state. The strongest winds arrive Thursday, with westerly gusts of 35 to 55 mph. That will expand the fire danger statewide. A dry cold front will move through Thursday as well, but temperatures will only drop slightly, ending up closer to average.

Breezy conditions continue Friday through the weekend as the jet stream pulls more moisture into New Mexico. That will bring increasing chances for rain and thunderstorms this weekend, with a few lingering into early next week.



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