Judge Denies Requests For Temporary Restraining Orders In Two Local Cases


Jerry Adair listens Sept. 26 in First Judicial District Court during a hearing on a request for a temporary restraining order against him. Photo by Maire O’Neill/losalamosreporter.com


Temporary restraining orders (TRO) were denied Sept. 26 by First Judicial District Judge Jason C. Lidyard in two separate Los Alamos civil cases.

The first TRO was requested by Micah and Stacy Brittelle against Jerry Adair, a former co-worker of Micah Brittelle. It complains about behavior by Adair towards the Brittelles including alleged verbal threats and gestures made towards them and claims that Adair drives by their residence multiple times.

Judge Lidyard told the Brittelles that what they wrote in their petition is something that they should file with the local police. Micah Brittelle responded that he actually filed the restraining order after contacting Los Alamos Police Department, that it was their suggestion.

Judge Lidyard said the police don’t know the law like lawyers and judges do. He said police officers sometimes tell people to go that route when they are in a situation that appears to have no resolution.

“When they have an angry person that wants something done and they have nothing that they can do, sometimes they say why don’t you go to the courts, you can get a restraining order against this person. It’s just not that easy and I don’t know who told the police officers in this district that that’s what they should tell people but that’s what they tell people,” he said. “The fact of the matter is there is no restraining order for this situation. This is a criminal matter that should be pursued through police investigation and referral to the district attorney’s office for them to decide whether or not they’re going to bring charges in the magistrate or district court.”

Judge Lidyard said that through that criminal case, if it is ever charged criminally and conditions of release are set, the judge can order no contact or keeping a certain distance from people while the criminal case is pending.

“Although I understand what you’re dealing with is extremely concerning, frustrating and alarming, these are criminal facts,” he said.

Judge Lidyard told Adair that if there was any truth to the Brittelles’ allegations and if his alleged behavior persisted, he would find himself in a criminal case.

“That’s on you at that point in time. There’s no reason for you to be doing this to any individual. If this is true, if what happened at your work or at the Shell Station – these people have nothing to do with that. You made your own situation there and these people are just part of the community and maybe they just happened to have been at the Shell Station when this happened and it just so happened that they work at the same place you work,” he told Adair. “You weren’t fired from your job because of them. You were fired from your job because of you. If you continue to do what they’re saying you are doing here, you’re going to find yourself in front of me on a criminal case. You don’t want that.”

The second TRO was requested by Jessica Singleton against Anne Shirey, a former co-worker, however there is an existing criminal case in this instance. Judge Lidyard again explained under circumstances a TRO can be issue. He asked if no contact had been included in the conditions of release issued by the Magistrate Court and was notified by Shirey’s attorney Elizabeth Allen that arraignment had been waived and no conditions of release had been ordered.

Shirey is facing a charge of stalking Singleton, a former co-worker at Barranca Mesa Elementary School. Judge Lidyard suggested Singleton tell Magistrate Judge Pat Casados and that Casados might take it into consideration. A pretrial hearing in the Magistrate Court case has been slated for Oct. 12.