Judge accepts sentencing delay for man awaiting new murder trial
LAS CRUCES – A judge delayed sentencing a man accused — but not convicted — of murder on Thursday after the man's defense attorney raised issues about his constitutional rights.
Lonnie Gallegos, 40, was convicted of aggravated battery, unlawful taking of a motor vehicle, and tampering with evidence by a jury in Doña Ana County on May 13. However, the jury deadlocked on a charge of first-degree murder, trigging 3rd Judicial District Judge Douglas Driggers to declare a mistrial on the murder charge.
According to an affidavit, police believe Gallegos killed Oscar Amezquita, 79, during a botched robbery on May 9, 2020. During the trial, prosecutors said that Amezquita returned to his shop, Landis Boot and Shoe Service on South Esperanza Street, to drop off a few items. There, prosecutors said that Amezquita discovered Gallegos attempting a burglary. Prosecutors argued that Gallegos stole Amezquita's car after fatally shooting him using keys he obtained from the shop.
According to Gallegos' attorney, Raymond Conley, the differing verdicts left his client in legal limbo. As a defendant convicted of a crime, Gallegos has a right to tell the judge why he believes he deserves a specific sentence. However, Conley pointed out that doing so would violate another right — his right to remain silent on the murder charge, for which he is awaiting a new trial.
Linzui Vergara, one of two prosecutors involved in the case, had no disagreements about delaying the sentencing hearing. Vergara did, however, spar with the judge over the procedure. Driggers interrogated Vergara about why she chose not to submit a sentencing memorandum.
Vergara told Driggers that she couldn't complete a sentencing memorandum in the time frame that Driggers allowed. She said Driggers wanted the memo within 48 hours after asking for it. That turnaround was too quick, she said.
The argument between Vergara and Driggers lasted only a few minutes. It ended when Driggers interrupted Vergara and condescendingly called her "young lady" before threatening to hold her in contempt. Ultimately, Driggers ordered the state to produce a sentencing memorandum.
Gallegos, who remains in jail, is set for a new trial on the murder charge on Sept. 12.
Others are reading:
Smelser's attorney says jury could be tainted after victim's sister called for jury duty
After losing battle, Mississippi’s last abortion clinic is moving to New Mexico
Justin Garcia is a public safety reporter covering police, crime, and legal proceedings in Doña Ana County. He can be reached via email at JEGarcia@lcsun-news.com.
This article originally appeared on Las Cruces Sun-News: Judge accepts sentencing delay for man awaiting new murder trial
