Wednesday, July 1, 2009

Drug case dismissed without prejudice

Suspect's brother has case bound over

Gerald Garner Jr. El Defensor Chieftain Editor

Prosecutors awaiting forensic evidence agreed Tuesday, June 30, to dismiss its trafficking case against Joshua Lopez, 20, and said they plan to re-file charges once the evidence is received.

Seventh Judicial District associate trial attorney Shane Henderson told Magistrate Court Judge Jim Naranjo that the state was not prepared to proceed with Tuesday's preliminary hearing for Lopez because his office is still awaiting forensic evidence.

Lopez and his 18-year-old brother, Joe D. Lopez, stand accused of trafficking heroin from their residence in Luis Lopez. They were arrested June 17 following a lengthy undercover investigation.

During the search of the residence, deputies and agents discovered 3.5 grams of heroin, a digital scale, marijuana seeds and several firearms.

Because the state is still awaiting the forensic evidence, Henderson said the state would concede to dismiss the case with prejudice.

Once that evidence is received and reviewed, Henderson indicated that his office will likely re-file charges against Joshua Lopez.

Lopez' attorney, Amavalise Jaramillo of Belen, immediately requested that his client be released from custody. The judge concurred, dismissing the case and ordering Lopez' release.

In related news, the case against Joe D. Lopez was bound over to District Court on Monday, June 29.

The 18-year-old faces a trio of charges — from trafficking heroin to possession of marijuana — stemming from his June 17 arrest.

A District Court date was pending as of Chieftain press time Tuesday. Joe D. Lopez was released to his father's custody on Monday, June 29.

ggarner@dchieftain.com

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