Santa Fe men charged in Easter incident released from jail, third awaits detention hearing
Apr. 17—Two men charged in a shooting and pickup crash in Santa Fe on Easter Sunday have been released from jail as prosecutors seek pretrial detention for another man they say instigated the incident.
Santiago Prada, 34, Steven Sena, 32, and Ricky Leyba, 39, face felony charges in the March 31 incident, which left Leyba, Leyba's stepdaughter Destiny Quintana and another man hospitalized. Police have said Leyba appeared to be the aggressor in the incident, returning to the scene of a fight to strike a man with a pickup before Sena and Prada fired at him.
After being struck with gunfire, Leyba drove in reverse over Quintana and into a house several hundred feet away, according to narratives given in criminal complaints.
In the days after the incident, police filed charges against Prada and Sena. Prada faces a felony count of aggravated battery with a deadly weapon and a misdemeanor count of negligent use of a deadly weapon. Sena faces a felony count of aggravated assault with a deadly weapon and a misdemeanor count of negligent use of a deadly weapon.
Earlier this month, police filed charges against Leyba: attempted murder, aggravated battery with a deadly weapon and criminal damage to property. Police said Leyba caused about $50,000 in damage to a home on Verdinal Lane when he struck the house with his pickup.
Leyba's attorney Ben Ortega said his client was hospitalized at the University of New Mexico Hospital with two gunshot wounds and underwent multiple surgeries before turning himself in Monday at the Santa Fe Police Department. He was booked into Santa Fe County jail Monday evening.
On Wednesday, prosecutors filed for pretrial detention against Leyba, arguing no conditions of release could guarantee the safety of the public.
A hearing to decide whether Leyba will be held pending a trial on the charges was scheduled for April 29.
In their request for pretrial detention of Leyba, prosecutors wrote police interviews indicated he had "instigated and escalated violence at the residence" that day.
Prosecutors cited Leyba's criminal history in the court filing, including a conviction on two counts of aggravated battery with a deadly weapon stemming from a 2011 incident and several violations of his probation.
Prada and Sena were released from jail within the last week after prosecutors abandoned previous efforts for pretrial detention. Both were released under a list of conditions, including prohibitions against any alcohol consumption or having guns.
A spokesman for the District Attorney's Office wrote in an email "some evidence remains outstanding" in the case, which he called a "complex prosecution."
Prada's attorney David Foster has argued his client was exercising his right to defend himself and his loved ones in the incident.
Foster said Tuesday he was "absolutely" prepared to go to trial in the case, adding Prada "was exercising his statutory right against deadly force from Mr. Leyba."
"We urge the state to review the law regarding self-defense," Foster said.
