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Juvenile competency and consequences in New Mexico

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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.

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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.

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“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.



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New Mexico

Governor asks AG to investigate DEA agents over fentanyl in New Mexico

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Governor asks AG to investigate DEA agents over fentanyl in New Mexico


SANTA FE, N.M. – Gov. Michelle Lujan Grisham asked Attorney General Raúl Torrez to investigate whether any Drug Enforcement Administration agents broke state law when pills reached New Mexico streets.

In a statement, Lujan Grisham said, “make no mistake: the DEA knew people would die if these pills made it into New Mexico communities.”

The governor also shared a timeline from 2022 to 2025 that she said shows when she asked federal officials for help with New Mexico’s fentanyl crisis and violent crime.

Lujan Grisham said the first request came on June 21, 2022, when she wrote to then-Federal Bureau of Investigation Director Christopher Wray and asked for 50 additional federal agents.

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She said she wrote to then-Attorney General Merrick Garland on Sept. 15, 2022, asking for more agents, resources and support for New Mexico law enforcement.

Lujan Grisham said she wrote Garland a second time on Aug. 8, 2023, with the same request.

What came next?

About a month later, Lujan Grisham said she sent Garland a third letter and said New Mexico needed more federal law enforcement to curb violent crime, drug trafficking and human trafficking.

She said her most recent request came on Sept. 4, 2025, when she wrote to former Attorney General Pam Bondi and again asked for additional agents and resources.

The governor’s statement says those requests span several years as she pressed the federal government for more help in New Mexico.

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Full statement from Gov. Michelle Lujan Grisham:

“I am appalled by reporting this week by the Associated Press and Albuquerque Journal that revealed federal authorities made a deliberate decision to let hundreds of thousands of fentanyl pills flood into New Mexico communities, despite knowing that fentanyl is so lethal the White House has designated it a weapon of mass destruction. 

Let me say that again: the Drug Enforcement Administration watched as 74,000 fentanyl pills were delivered to a mobile home park in Albuquerque, and they did nothing. And that’s just one transaction. Shockingly, the federal government stood by while monitoring shipments, tallying exact pill counts, and watching as these deadly drugs hit the streets.  

There are no words to describe how reckless and dangerous these decisions were. Make no mistake: the DEA knew people would die if these pills made it into New Mexico communities, and the agency let it happen anyway. The result: hundreds of New Mexican parents burying their kids. Hundreds of New Mexican kids growing up without stable parents. All while the federal government stood by.  

If the justification for letting these pills flood our communities was that it would somehow make New Mexico safer down the road through bigger eventual busts, the results say otherwise. New Mexico now leads the nation in the increase in overdose deaths for the second straight year, despite deaths dropping nationwide. 

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Today, I wrote to Attorney General Raúl Torrez and asked him to investigate whether any federal agents broke state law when they allowed lethal drugs to remain on our streets, and to prosecute anyone responsible — regardless of whether they are a federal agent or not. 

I have spent years working across two administrations — writing letters, traveling to Washington, meeting directly with President Joe Biden and his cabinet, pushing for accountability, asking for more federal agents to be deployed to New Mexico to help fight this crisis.  

  • On June 21, 2022, I wrote to FBI Director Christopher Wray, imploring the FBI to assign no less than 50 additional agents to New Mexico to stem escalating drug trafficking and violent crime.  
  • On September 15, 2022, I wrote to Attorney General Merrick Garland, requesting that the Department of Justice provide additional federal agents, resources and support to New Mexico law enforcement. We asked the department to match the level of investigative, analytical, and technical resources the FBI had deployed in its Buffalo, NY surge. 
  • On August 8, 2023, I wrote again to Attorney General Garland, renewing my request that the DOJ expeditiously assign more federal agents to New Mexico.  
  • On September 7, 2023, I wrote to Attorney General Garland for a third time, reiterating my request once more federal law enforcement support to curb violent crime, drug and human trafficking.  
  • On September 4, 2025, I wrote to Attorney General Pam Bondi, once again requesting additional agents and resources.  

I have declared the surge of drugs like fentanyl to be a public health emergency. I have deployed the National Guard to both Albuquerque and Española. While my administration was doing everything we could to stem the tide of fentanyl coming into our state, the federal government deliberately allowed it to flood in. 

New Mexican lives are not the federal government’s cost of doing business. 

I plan to hold the federal government accountable for this disaster and will explore every possible avenue of action against the federal government to right these wrongs.”  

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New Mexico

Canyon Venado Fire near Clines Corners grows to 852 acres, I-40 reopened

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Canyon Venado Fire near Clines Corners grows to 852 acres, I-40 reopened


The Canyon Venado Fire has grown to 852 acres east of Clines Corners and crews say wind farms in the area are threatened.

CLINES CORNERS, N.M. – The Canyon Venado Fire has grown to 852 acres east of Clines Corners and crews say wind farms in the area are threatened.

The fire is burning just east of Clines Corners, south of Interstate 40.

It forced the closure of eastbound Interstate 40 at Clines Corners on Tuesday night. I-40 reopened Tuesday night. I-40 is back open but smoke still affects visibility.

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“We’re on the side of I-40 so drivers have to be pretty cautious. As far as our establishment itself we’re pretty isolated by the freeway itself as a nice fire break,” said Lincoln Tarantino, Clines Corner general manager.

The fire has burned around 852 acres, up from just 20 at this time Monday.

Crews say the fire is not contained and wind farms in the area are threatened.



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Feds allowed millions of fentanyl pills to ‘walk’ on New Mexico streets: DEA Whistleblower

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Feds allowed millions of fentanyl pills to ‘walk’ on New Mexico streets: DEA Whistleblower


WSET ABC 13 covers news, sports and weather in the Heart of Virginia: Lynchburg, Danville and Roanoke and nearby communities including Amherst, Lexington, Cave Spring, Blacksburg, Martinsville, Farmville, North Shore, Glasgow, Altavista, Gretna, Chatham, Blairs, Bassett, Rocky Mt, Penhook, Moneta and Buena Vista



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