Judge rejects effort to toss evidence in Solomon Peña's election interference case

Dec. 15—A federal judge has rejected an effort to toss evidence that prosecutors say linked failed Republican candidate Solomon Peña with an alleged conspiracy to shoot up the homes of several local politicians.

Peña had argued that a Bernalillo County Sheriff's deputy illegally searched his car in January. That search allegedly turned up more than 800 fentanyl pills and two firearms used in the shootings on Dec. 4, 2022, and Jan. 3, 2023.

The search also provided the break law enforcement officials needed to arrest Peña and two other men in connection with drive-by shootings that struck the homes of Bernalillo County Commissioner Adriann Barboa and former Commissioner Debbie O'Malley; state Rep. Javier Martínez; and state Sen. Linda Lopez.

Peña, 40; Demetrio Trujillo, 42; and Jose Trujillo, 22, each were charged in May with a raft of federal charges stemming from the shootings.

Peña ran for a New Mexico House seat and lost the election by nearly 50 percentage points in November. Federal authorities say Peña then targeted the Bernalillo County commissioners who certified the results, then set his sights on other Democratic lawmakers.

Authorities say Demetrio and Jose Trujillo, who are father and son, conspired with Peña in the scheme.

The search

Several days before the Jan. 3 search, Peña had loaned his Nissan Maxima to Jose Trujillo, who was driving the car that day, U.S. District Judge Kea Riggs wrote in his order.

On Jan. 3, a sheriff's deputy pulled over the car for an improperly displayed registration sticker. The deputy then arrested Jose Trujillo on an active warrant for failure to appear at a criminal hearing.

Jose Trujillo allegedly told the deputy that nobody was available to pick up the car and agreed to let the deputy impound the vehicle. The deputy said he told Jose Trujillo that he would "inventory" the contents of the vehicle.

"During the inventory search, (the deputy) found two bags of suspected fentanyl pills in the center console, two firearms in the trunk, cash, and hundreds of small baggies," Riggs wrote.

Attorneys for Peña and Jose Trujillo asked the judge to throw out the evidence, arguing that the deputy lacked any probable cause to impound or search Peña's car.

"Jose Trujillo was told that the vehicle was going to be impounded, inventoried and searched whether (he) liked it or not," Peña's attorney, Elizabeth Honce, wrote in a motion.

The deputy "was on an unlawful fishing expedition," Honce wrote. "The impoundment of the Nissan Maxima and all that flowed from it was unlawful and should be suppressed."

Judge Riggs found that Bernalillo County Sheriff's Office policies require that vehicles be towed and impounded when the driver is arrested. He also said the deputy was not "dishonest or reckless" in his actions.

"This court finds the impoundment and inventory search lawful," Riggs wrote in his Nov. 29 order. "Therefore, the evidence discovered should not be suppressed."

The three men are each charged with federal counts of conspiracy, interference with federally protected activities, fentanyl possession and three counts of using a firearm in furtherance of a crime of violence.

No trial dates have been scheduled for any of the men.