Judge dismisses request to jail burglary suspect. Here's why.
LAS CRUCES – A judge dismissed a prosecutor's request to hold in a man in jail accused of burglary after his lawyer pointed out the motion was improperly served.
Stephen Gregory Smith, 21, stands charged with two counts of burglary of a vehicle, three counts of auto burglary, two counts of burglary of a dwelling house, two counts of unlawful taking of a motor vehicle, and two counts of conspiracy to commit a fourth-degree felony.
According to a criminal complaint and attached affidavit, police believe Smith burglarized cars at the same residence twice. In the petition requesting a judge hold Smith in jail, prosecutors said that the victims were "extremely fearful" that Smith might burglarize the residence a third time.
Smith's case presented an abnormal situation. Typically, the 3rd Judicial District Attorney's Office requests a judge to hold a defendant only in the event of a violent crime. Accusations of rape, murder or assault typically lead prosecutors to file pretrial detention requests while things like property crimes do not.
That's because prosecutors must prove to a judge that the defendant is dangerous to the community and the people involved in the case. Then, prosecutors must prove to the judge that no conditions of release — such as cash bail or an ankle monitor — could ensure the public's safety.
It's not entirely clear what prosecutors planned to argue in Smith's case. In their petition, prosecutors said that Smith had picked up four separate felony cases in the last six months. However, court filings show that those cases involved allegations of non-violent crimes, including credit card theft, car burglary and shoplifting.
Court records also show that prosecutors dismissed all those cases against Smith except for the shoplifting case. But prosecutors never got the chance to argue.
Sarah Parker, a public defender representing Smith, told the judge that prosecutors incorrectly filed the petition. Then, Parker said that prosecutors incorrectly filed the petition a second time. Finally, Parker said that prosecutors failed to promptly provide her and her client with copies of the petition.
George Harrison, an assistant district attorney, provided no argument to counter Parker, leading 3rd Judicial District Judge Douglas Driggers to dismiss the motion before any arguments on dangerousness and conditions of release could be heard.
Once the case returns to the magistrate court, Smith will be granted release by a magistrate judge per New Mexico law.
Justin Garcia is a public saftey reporter for the Las Cruces Sun-News. He can be reached at JEGarcia@LCsun-news.com
This article originally appeared on Las Cruces Sun-News: Judge dismisses request to jail burglary suspect
