Judge dings jail's medical staff, defendant as he considers releasing a man accused of murder

Justin Garcia, Las Cruces Sun-News
·3 min read

LAS CRUCES - A judge denied a defendant's request to leave jail while ordering the jail to better treat the man's medical needs.

Bakari Garrett, 26, was indicted by a grand jury on one count of first-degree murder, one count of aggravated assault with a deadly weapon, one count of attempting to commit armed robbery, and one count of conspiracy to commit armed robbery.

Police accused Garrett of killing 31-year-old Shea Maisel on Jan. 29. Police said that Maisel was set to sell drugs to Garrett but when Garrett and another arrived at the location of the alleged drug deal, Garrett tried to rob him. A gunfight ensued, police said, leaving Maisel dead and Garrett severely wounded. Two other men were believed to be involved in the drug-deal-gone wrong but neither has been charged in relation to the incident, court records show.

Garrett was eventually arrested in El Paso after medical staff at a Las Cruces hospital flew him to University Medical Center for treatment. Since then, a judge ruled that Garrett was dangerous and that conditions of release would reasonably assure the safety of the public.

More: Las Cruces police allege Turquoise Loop killing was a drug deal gone wrong

Wednesday's hearing marked Garrett's third attempt to get out of jail as he seeks medical care for more than a dozen gunshot wounds.

He said that doctors told him he'd been shot more than a dozen times. He'd since lost the ability to walk or use the bathroom on his own. He's been prescribed numerous drugs, restricted to eating certain foods and told that he needs to seek physical therapy as soon as possible.

From delayed drug dispersals to missed appointments and unscheduled physical therapy, Garrett told the court that his medical care has fallen short since he was confined to jail.

Previously, he requested that a judge allow him to live with his mother in Georgia. There, he could receive treatment while his mother ensured that he was able to attend court hearings in New Mexico. Two different judges denied him that opportunity. This time, he requested a judge allow him to live with his grandparents in Otero County.

Prosecutors did not push the issue that Garret should stay in jail. They didn't have to. After Garrett's attorney called Garrett and a member of the jail's medical staff to testify, 3rd Judicial District Judge Douglas Driggers wasted no time in denying the motion.

"I will instruct the detention center to provide food and provide (Garrett) his medication," Driggers said. "Other than that I find that the detention centers and Corizon Health Services have provided adequate care."

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Corizon Health Services is a contractor providing medical and behavioral services at the detention center.

But the judge also dinged Garrett for missing a physical therapy appointment after detention center medical staff told the court about the missed appointment.

"You'd better stay with your physical therapy if you expect this court to understand the issues that you have," Driggers said.

Justin Garcia is a public safety reporter for the Las Cruces Sun-News. He can be reached at JEGarcia@lcsun-news.com.

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This article originally appeared on Las Cruces Sun-News: Judge considers releasing man accused of murder for medical reasons