In re Darcy S.

1997 NMCA 026, 936 P.2d 888, 123 N.M. 206
CourtNew Mexico Court of Appeals
DecidedMarch 12, 1997
DocketNo. 16800
StatusPublished
Cited by13 cases

This text of 1997 NMCA 026 (In re Darcy S.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Darcy S., 1997 NMCA 026, 936 P.2d 888, 123 N.M. 206 (N.M. Ct. App. 1997).

Opinion

OPINION

DONNELLY, Judge.

1. The Child, Darcy S., appeals from an order of the children’s court transferring her to stand trial as an adult on the charges of murder, false imprisonment, aggravated assault with intent to commit a violent felony, and conspiracy. Two issues are raised on appeal: (1) whether the Child’s due-process rights were denied by the admission of the statements of a co-defendant; and (2) whether the Child’s speedy-trial rights were violated. A third issue listed in the docketing statement was not briefed on appeal and is deemed abandoned. State v. Calvillo, 110 N.M. 114, 115, 792 P.2d 1157, 1158 (Ct.App. 1990). We affirm.

2. On November 24, 1992, the body of Adam Price, a seventeen-year-old youth (the victim), was discovered in a remote area of Socorro County, New Mexico. Subsequent investigation revealed that the victim had been killed by multiple bullet wounds from several weapons, including a shotgun. Following a Crime Stoppers broadcast concerning the homicide, police received a call from Jennifer Jones advising them that she had information implicating the Child, Eric Smith (Smith), and Mark Apodaca (Apodaca) in the victim’s killing. Smith and Apodaca were subsequently charged as adults with the murder of the victim on January 21, 1994. The Child, who was seventeen years old at the time of the killing, was charged in the children’s court with murder, with firearm enhancement, false imprisonment, aggravated assault with intent to commit a violent felony, conspiracy, and tampering with evidence. At the time the victim was killed, the Child was married to the co-defendant Smith. On January 27,1994, the State moved, pursuant to NMSA 1978, Section 32-1-30 (Repl. Pamp.1989),1 to transfer the Child to the district court for trial as an adult.

3. Following an extended evidentiary hearing on the motion to transfer, the children’s court dismissed the charge of tampering with evidence, found that probable cause existed to believe that the Child committed each of the other acts charged in the petition, and that the Child was not amenable to treatment or rehabilitation as a juvenile. The order transferring the Child to stand trial as an adult specifically found that the Child “was fifteen years of age or more” at the time of the alleged offenses, that there was probable cause to believe the Child committed each of the delinquent acts charged, except tampering with evidence, that the Child was not amenable to treatment or rehabilitation through available facilities, and that each of the other requirements of Section 32-1-30 had been satisfied. Based on its findings, the children’s court ordered that the Child be transferred to district court for trial as an adult.

I. Admissibility of Statements

4. During the hearing on the motion to transfer, the State called a number of witnesses, including Jennifer Jones and Brian Jones, her husband. The State also called as witnesses Smith and Apodaca, who were also charged with the victim’s murder. Both Smith and Apodaca refused to testify at the Child’s hearing on the motion to transfer, asserting their privilege against self-incrimination under the Fifth Amendment to the United States Constitution. The children’s court declared each of them to be unavailable witnesses pursuant to NMRA 1997, 11-804, and permitted the State to elicit, over the Child’s objection, statements of Smith and Apodaca implicating the Child in the murder of the victim. The Child argues this testimony violated her Sixth Amendment right to confrontation of witnesses and requires reversal of the children’s court’s transfer order.

5. In addressing this issue we first examine each of the statements involved. During the testimony of Jennifer Jones, she testified that in October 1993 she had separated from her husband, Brian Jones, and she was living with Apodaca and his wife. The witness testified that on the night of the shooting she was in the home of Apodaca in Albuquerque, and Apodaca, Smith, and the Child came back later with several weapons, and she saw blood on Smith and Apodaca. She also stated the three had been drinking.

6. Jennifer Jones also testified that on October 30, 1993, she was still residing in Apodaca’s home and that Brian Jones called on the telephone and asked if they were watching the Crime Stoppers program on TV involving the killing of Adam Price. Jennifer Jones then asked the Child what was going on and the Child told her that she, Smith, and Apodaca had gone out driving in Smith’s Buiek automobile and that “we” were looking for someone to pick up and scare. Jennifer Jones stated the Child stated they saw the victim walking down the street near East Central Avenue in Albuquerque, New Mexico. The Child stated that although they did not know him, Smith indicated that the victim appeared to be a perfect target because he “looked like a faggot.” She stated that Smith said something to the victim and that the victim “flipped him off.” Then Smith flashed a .44 caliber revolver and told the victim to get into the car. The Child told Jennifer Jones that the victim was put into the car and “things went bad.” She stated the victim started “mouthing off and Smith started hitting him.” Thereafter, they drove from Albuquerque to a remote area near Bernardo in Socorro County and “they shot him.” On re-direct examination, Jennifer Jones was asked whether the Child had told her that she shot the victim, and the witness responded that the Child told her, “We shot him.” Jones testified that the child primarily used a .44 caliber revolver. The Child told Jones that she would do anything or go anywhere to keep Smith, and she confided to Jones on the night of the Crime Stoppers broadcast that she did not care about the killing because the victim was a stranger.

7. Jennifer Jones also testified that the Child later, showed her “where it happened.” Following the Crime Stoppers tip, the police arrested Apodaca first. Jennifer Jones stated that on the night Apodaca was arrested, she telephoned the Child and inquired about the arrest, and the Child told her that the police did not have any proof. The Child told her that the barrel to the 9mm pistol and another part of the weapon were still in Apodaca’s possession, and that Apodaca would not say anything because they had made a pact that whoever most of the evidence fell on would take the blame and not tell anything on anyone else.

8. Additionally, Jennifer Jones stated that approximately a month after the shooting, Brian Jones stated he needed a jacket and Smith handed him the jacket the victim had been wearing on the night he was shot, and Smith said, “Here, wear Adam’s.”

9. Brian Jones, the estranged husband of Jennifer Jones, was also called by the State as a witness. He testified that he was a friend of both Smith and Apodaca, and that, about a week after the victim was shot, he was at Apodaca’s house in Albuquerque and he heard Smith say, “We killed somebody.” The Child objected to this statement on the grounds of hearsay and the children’s court overruled the objection, finding that the statement was an exception to the hearsay rule as a statement against interest. NMRA 11-804(B)(3). The Child also objected on the grounds that the State failed to lay a proper foundation for the admission of such statement.

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Cite This Page — Counsel Stack

Bluebook (online)
1997 NMCA 026, 936 P.2d 888, 123 N.M. 206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-darcy-s-nmctapp-1997.