DA says Red River murder charge dismissal due to ongoing investigation
Jun. 14—Prosecutors have dropped a murder charge stemming from a May 27 shootout at a motorcycle rally in Red River because, the district attorney said, moving forward could put the ongoing investigation into the melee at risk.
"In a nutshell it was just — I hate to be so cliché — but in the interest of justice we needed to dismiss [the murder charge] without prejudice," 8th Judicial District Attorney Marcus Montoya said Wednesday.
Waterdogs biker gang member Jacob Castillo, 30, of Rio Rancho was charged with first-degree murder after he was accused of fatally shooting 46-year-old Damian Breaux of Socorro, one of three men killed when violence erupted at the annual Red River Memorial Day Motorcycle Rally. Five men were wounded, including Castillo.
He was the only person who had been charged in connection with the shooting until his case was dropped late Monday.
Authorities have said the violence was part of a feud between rival motorcycle gangs and that all the victims were gang members. Breaux was identified as a member of the Bandidos.
Montoya confirmed Castillo is now free of state custody.
He previously had been scheduled to face a hearing this week in state District Court to determine whether he should remain jailed until his trial. Prosecutors had pushed for pretrial detention of Castillo and two men identified as Bandidos who were charged with unrelated crimes in the aftermath of the shooting.
Release of the gang members, prosecutors argued, could lead to retaliation for the deaths of Breaux, 26-year-old Bandidos member Anthony Silva of Los Lunas and 46-year-old Randy Sanchez of Albuquerque, a member of the Waterdogs.
But all three men have been released.
Judges denied pretrial detention earlier this month for Matthew Jackson, who was charged with unlawful carrying of a firearm in a licensed liquor establishment and possession of a controlled substance, and Christopher Garcia, who was charged with possession of a controlled substance and tampering with evidence.
Montoya said his office was not ready for a detention hearing Tuesday for Castillo.
"[We're] really just trying to make sure we've got all of our I's dotted and T's crossed, right, because once charges are filed, we're under strict deadlines to get certain hearings and evidence disclosed and prepared for, and ... at the juncture we were [Tuesday] when we were set for that hearing, that just was not where it needed to be," the district attorney said.
His office helped set in motion Castillo's transfer from the Metropolitan Detention Center in Albuquerque to different locations under an emergency order to ensure the safety of everyone involved while Castillo was in state custody, he added.
Montoya confirmed the last facility Castillo was booked into was the Taos County jail.
"We did coordinate with law enforcement, the jail and defense counsel regarding the ... timing of the release, the transport and the filing. That way there was no — let's say, any opportunity for any notice to go out," Montoya said.
Online records for the Metropolitan Detention Center in Albuquerque state Castillo was released from the facility June 6.
Taos County jail Director Michael Garcia did not respond to questions about when Castillo was booked into the facility or when he was released.
Adam Oakey, who is listed in online court records as Castillo's defense attorney, did not respond to a request for comment.
Charging documents for Castillo provided the first publicly available narrative of Breaux's death and how authorities believe some of the violence unfolded that evening in Red River. But New Mexico State Police, the agency investigating the incident, has released no details on the deaths of Silva and Sanchez.
State police Officer Ray Wilson, a spokesman for the agency, wrote in an email Wednesday the department has no new information to release pertaining to the shooting.
Montoya, asked if he is any closer to charging anyone in Silva and Sanchez's death, said his office is dealing with a "waiting game" when it comes to receiving the ballistic, forensic and medical reports necessary to move forward.
"Like I said, we're really trying to make sure we have as many pieces of this puzzle put together so we can determine ... who did what to whom," Montoya said.
As the investigation continues, the effects of the Red River shooting continue to ripple across New Mexico. It prompted the cancellation of a motorcycle rally planned next month in Las Vegas, N.M.
Ernest Mondragon, the committee chairman for Las Vegas' Rough Rider Motorcycle Rally, said he received a letter from the city and police Chief Antonio Salazar denying the long-running event's permit in the interest of mitigating safety risks. The rally was scheduled for late July.
"We have also learned other municipalities in New Mexico have cancelled similar events due to public safety concerns," the letter stated.
Mondragon said he is disappointed the Red River shooting led to the cancellation of the 18th annual Rough Rider Motorcycle Rally. He noted the event has had no major incidents in the last several years.
"I think Red River — that was just an isolated incident of something that occurred somewhere else. Unfortunately with that, we have to pay the price for them [and] for the things that happened out there," Mondragon said.
