New Mexico attorney general to take over two of McKinley County DA’s dismissed cases

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New Mexico Attorney General Raul Torrez said Friday he is taking over two cases dismissed by McKinley County District Attorney Bernadine Martin, following concerns about her management and failure to prosecute. “One is a sexual assault case, it’s pretty violent. The other was an open count of murder, were dismissed for conflicts but never reassigned,” Torrez told KOAT. In October 2023, Valentino Roderick Johnson was charged with criminal sexual penetration, aggravated battery, false imprisonment, aggravated DWI, reckless driving and possessing an open container. According to court documents, McKinley County deputies responded to a car crash, finding Johnson very drunk and on top of a woman who was screaming for help. Johnson was arrested and faced six separate criminal charges, but a week later, Martin dismissed the case because Johnson was “a friend of her children.” Torrez emphasized that whenever such conflicts arise, cases should be referred to an outside special prosecutor or a neighboring district attorney. The other case involves Tyson Long, who was seen by Gallup police officers in December 2022, confronting a man found with multiple gunshot wounds to his head and torso. Martin declined to prosecute Long with a first-degree murder charge, citing an “unidentified conflict.” Torrez said, “I don’t know the nature of the conflict in that particular case.”Last week, Torrez filed documents with New Mexico’s Supreme Court to have Martin removed as district attorney, claiming she created a hostile work environment and repeatedly failed to issue subpoenas, leading state lawmakers to vote to remove funding for her office. Earlier this month, Martin held a news conference denying many criticisms aimed at her. On Friday, Torrez also asked the state Supreme Court to grant access to her case files to identify any other cases she may have overlooked. “It’s left the community at risk, but more importantly, it’s left the victims of those crimes and their families waiting for justice, waiting for their day in court,” Torrez said.On Thursday, Martin was contacted and said she opposed the motions by Torrez, according to court documents. Both of the cases Torrez is taking over were dismissed “without prejudice,” meaning they have the option to be refiled. KOAT attempted to reach Martin on Friday, but did not immediately hear back.

New Mexico Attorney General Raul Torrez said Friday he is taking over two cases dismissed by McKinley County District Attorney Bernadine Martin, following concerns about her management and failure to prosecute.

“One is a sexual assault case, it’s pretty violent. The other was an open count of murder, [and they] were dismissed for conflicts but never reassigned,” Torrez told KOAT.

In October 2023, Valentino Roderick Johnson was charged with criminal sexual penetration, aggravated battery, false imprisonment, aggravated DWI, reckless driving and possessing an open container.

According to court documents, McKinley County deputies responded to a car crash, finding Johnson very drunk and on top of a woman who was screaming for help. Johnson was arrested and faced six separate criminal charges, but a week later, Martin dismissed the case because Johnson was “a friend of her children.”

Torrez emphasized that whenever such conflicts arise, cases should be referred to an outside special prosecutor or a neighboring district attorney.

The other case involves Tyson Long, who was seen by Gallup police officers in December 2022, confronting a man found with multiple gunshot wounds to his head and torso. Martin declined to prosecute Long with a first-degree murder charge, citing an “unidentified conflict.”

Torrez said, “I don’t know the nature of the conflict in that particular case.”

Last week, Torrez filed documents with New Mexico’s Supreme Court to have Martin removed as district attorney, claiming she created a hostile work environment and repeatedly failed to issue subpoenas, leading state lawmakers to vote to remove funding for her office.

Earlier this month, Martin held a news conference denying many criticisms aimed at her.

On Friday, Torrez also asked the state Supreme Court to grant access to her case files to identify any other cases she may have overlooked.

“It’s left the community at risk, but more importantly, it’s left the victims of those crimes and their families waiting for justice, waiting for their day in court,” Torrez said.

On Thursday, Martin was contacted and said she opposed the motions by Torrez, according to court documents.

Both of the cases Torrez is taking over were dismissed “without prejudice,” meaning they have the option to be refiled.

KOAT attempted to reach Martin on Friday, but did not immediately hear back.



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