DA wants to review James Gomez’s release

December 1, 2012 • Local News

Chief Deputy District Attorney Michael Murphy filed a motion on Thursday in Magistrate Court to review James Gomez’s conditions of release. Gomez was released on a $10,000 cash surety bond, after paying $1,000 or the 10 percent of the $10,000 bond on Oct. 2. He was being held at Chaves County Detention Center on two counts of aggravated assault with a deadly weapon and one count of aggravated battery on a household member.

According to the affidavit on the Chaves County criminal complaint, the incident occurred in Hagerman on March 31. The Hagerman police were dispatched to the Indiana [auth] Street residence after receiving a report of several subjects with guns. A witness reported that Gomez repeatedly hit the female victim during a family dispute. In addition, Gomez kicked the victim as she lay on the ground.

Gomez pointed a gun at an elderly female neighbor who tried to intervene on the victim’s behalf, telling her “to mind her own business.” Gomez then turned the gun at another neighbor when he came out of his house to put his dog on a chain.

Gomez was arrested on Nov. 23 in Lea County for aggravated assault on a police officer and accessory to aggravated assault on a police officer, after Lea County Sheriff’s deputy Sgt. Michael Tovar was shot and wounded as he and other officers were trying to execute a search warrant at 61 E. Everglade Road in Hobbs. Gomez was one of the people who came out of the Hobbs residence, and according to the complaint filed in Lea County, he admitted to handling one of the firearms and discharging a weapon during the shoot-out.

The release order and conditions of release signed by Gomez in October stipulated that Gomez was “not to possess firearms or dangerous weapons,” not “violate any federal, state or local criminal laws” and not to leave the county without prior to permission of the court.

When asked about priorities of jurisdiction in cases where two counties are involved, District Attorney Janetta Hicks said that there was an advantage due to the fact that Lea and Chaves counties are all part of the 5th Judicial District.

She said the prisoner may be transported up from Lea County to Chaves County for the Magistrate hearing, or it may be completed via telephone or video feed.

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