New Mexico
Juvenile competency and consequences in New Mexico
ALBUQUERQUE, N.M. – In January, police arrested a group of teenagers in a deadly attempted robbery at a northeast Albuquerque apartment complex.
Police said they tried to rob a couple. They allegedly shot the woman, then her husband shot back and killed 14-year-old Alonzo Sanderson.
Some of the teenage suspects in the case aren’t even old enough to drive, including 14-year-old Elijah Gutierrez. Court documents show he has a history of violent allegations, but not a lot of consequences.
Court records show Gutierrez has faced serious charges in four other cases since 2022, when he was just 12-years-old. They include allegations of shooting at an apartment, having a stolen car, selling drugs and battery. But through the years of his alleged crimes, his consequences have ultimately been probation and going home to mom.
It’s because of a Dismiss Based on Competency order filed many times in Gutierrez’s life.
“The fundamental test is the ability to assist in one’s defense that may have to do with understanding reality, the other is the ability to understand right from wrong,” UNM Law Professor Joshua Kastenberg said.
Kastenberg said a judge is more likely to deem a juvenile incompetent because of brain development. While it may be the right ruling, some argue it’s not always the safest.
“What’s not fair to the public is there’s not a place to put someone who is considered dangerous yet not competent to assist in their own defense or competent to go to trial,” he said.
Bernalillo County District Attorney Sam Bregman agrees. He’s been rallying lawmakers to change our Children’s Code for months.
“If we have someone who continues to commit crimes and the cases are dismissed because of their competency issues, and they’re let back on the street and committing more crimes. At some point we have to say enough is enough and if necessary they need to be forced into some treatment to get them better,” Bregman said.
But Kastenberg said that standard is even more difficult with juvenile suspects. There may not be a way to change their competency cycle until it’s too late.
“The best scenario for public safety that can come out of this is also the worst scenario. That is as adults they get caught attempting to commit or commit another crime, and now they’re deemed competent,” he said.
Native Vote 2026
ALBUQUERQUE, N.M. — A Laguna Pueblo woman is the front runner to be New Mexico’s next governor.
Shortly after polls closed Tuesday night, Deb Haaland was declared the winner over Bernalillo County district attorney Sam Bregman in the state’s semi-open Democratic Party primary. As of 11:00 p.m., Haaland carried support from 72% of the Democratic primary voters to Bregman’s 28%, according to unofficial results from the New Mexico Secretary of State.
“We’re showing everyone that a better future in New Mexico is possible,” she told supporters gathered in Albuquerque’s historic Old Town Plaza. “New Mexicans want a leader who will stand up for working people, and who is ready to take on Donald Trump. I proudly accept your nomination as a Democratic nominee.”
Haaland spoke for 13 minutes, at times through a scratchy throat that required her to pause for water breaks. “Excuse me, I’ve been talking with voters all day,” she said while grabbing a water bottle before hitting her campaign stump notes on affordability, health care and public safety.
She will face Republican Gregg Hull, a former mayor from suburban Rio Rancho that won his party’s three-way primary with 47% of the vote, according to unofficial results from the New Mexico Secretary of State.
Haaland will be the Democratic Party nominee in a state dominated at every level by Democrats, and is expected to be heavily favored in the general election. With that insight she said her campaign message does translate to Republicans and Independent voters.
“We want our kids to thrive. We want our kids to have a quality, public education. We want every New Mexican to have health care. Everybody wants to feel safe in their neighborhoods, and everybody wants to be able to afford to put a hot meal on their table every night and have a roof over their children’s heads,” she said. “Those issues transcend whatever political spectrum we’re trying to slice and dice people into.”
Shortly after the race was called, Haaland campaign staff, major donors, surrogates, and their families walked from a building on the west side of Albuquerque’s Old Town Plaza to the historic plaza core, where the Haaland campaign had set up a stage and reserved the entire plaza for its victory celebration.
“We are now witnessing history in the making,” New Mexico state Rep. Derrick Lente (Sandia Pueblo) said to supporters immediately after Haaland was declared the winner.
Denise Wilie (Dine) also joined the celebration of Haaland’s victory. Wilie said she worked on get-out-the-vote efforts with the Native American Voters Alliance in McKinley County.
“It just is so exhilarating to even think about, a woman and a Pueblo woman,” she said. “Indigenous all the way, is how I feel. I’m like, yes, let’s get more of our voices.”
Haaland was introduced by her two sisters and walked to the stage escorted by a mariachi band.
Speaking to reporters after the event Haaland reflected on voting for a Pueblo woman (herself) for governor.
“I got emotional, quite frankly, when I went to vote for myself because you do that when you’re a candidate,” she said. “We’ve never had a Native American governor in New Mexico. We’re a multicultural state. I think representation matters, especially in a political era such as this one. So, I’m really proud and honored to carry on the legacy of my ancestors, who worked so incredibly hard to make sure that I had a place here today.”
Related
When a famly unexpectedly loses a loved one, or has someone go missing, the details of what comes next can be overwhelming.
ALBUQUERQUE, N.M. – When a famly unexpectedly loses a loved one, or has someone go missing, the details of what comes next can be overwhelming.
But they don’t have to do it alone thanks to an organization helping New Mexico families with some of those burdens.
Watch the video above for more.
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