BY MAIRE O’NEILL
maire@losalamosreporter.com
First Judicial District Judge Anastasia Martin ordered Tim Pacheco to check into the Los Alamos County Detention Center Friday at noon and remain there until 9 a.m. Monday morning after she determined that he had willfully violated his condition of release of 24/7 house arrest.
Pacheco had left his home on August 14 at 12:50 a.m. after his father fell and needed assistance to get up. Pacheco’s conditions of release only allowed him to go to pretrial services in Albuquerque, visit with his attorney, and go to his own medical appointments or his parents’ medical appointments if he had arranged it in advance with the Court
Prosecutor Halee Murphy asked the Court to sanction Pacheco to one month in jail saying the District Attorney’s Office wanted Pacheco on a short leash “because he keeps trying to pull past the ends of it”.
Pacheco’s pretrial services supervisor Michael Sisneros testified that Pacheco had told After Hours services that he was allowed to leave his home for emergencies but Sisneros said that Judge Martin had made it “crystal clear” that Pacheco was only to leave his home for himself to to visit with his attorney, Tom Clark.
Murphy asked Sisneros if with the After Hours service permission to leave, if he felt it was appropriate to file the violation, and Sisneros responded that he did, because because of the July hearing, Pacheco was aware of the conditions of release. Sisneros testified that his interactions with Pacheco have become “a little difficult and strained”. Sisneros reported that Pacheco had scolded him on the phone and that he had to remind Pacheco that he is the client and Sisneros is the supervising officer. Sisneros said sometimes he feels Pacheco uses “bullying tactics” to try and get him “to schedule stuff” saying there are no conditions of release and asking him how he knows what to supervise him on.
Yvonne Pacheco, Tim Pacheco’s niece testified that there are more than five adult relatives Tim’s parents living in Los Alamos – cousin’s wife had served as an in-home caregiver for Tim’s father. Shawn Cavasos lives closer and that Yvonne did also. Innumerable relatives that could respond to grandparents. Los Alamos Fire Department Station 4 is even closer to her grandparents house than she is and Tim is, Yvonne Pacheco said.
Ms. Murphy reminded the Court that less than three weeks ago the Court had addressed Pacheco directly and emphatically and used what she described as a “scary judge voice” to very directly inform Pacheco of his conditions of release and had expressed a low tolerance for any deviation.
“You very clearly said any deviations had to go through you, not through pretrial services Instead, Mr. Pacheco, who thinks he makes the rules from his perspective and tries to take control of the situation, told After Hours services something that was not true – that he was allowed to leave his house for emergencies,” Ms. Murphy said. “That was never discussed or given as an option and from the state’s perception, the only time he should be leaving his house is if it’s on fire.”
She noted that there are many other adults who can assist and that Pacheco has the ability to contact many of them.
“There are other family members including his own girlfriend or other people who live closer. Alternatively, if it is a true emergency, one would call Emergency Services – 911 could have responded. This is another example of Mr. Pacheco breaking not just the rules that the Court has laid down but also the spirit of the rules in accepting a waiver in lieu of house arrest,” Ms. Murphy said.
She noted to the Court Pacheco’s “disrespectful treatment of pretrial services” saying that Pacheco does not seem to understand that he is not the one in charge of this situation, but that Judge Martin is the one in charge of the situation.
Mr. Clark noted that Pacheco was allowed to attend medical appointments with his parents with prior approval of the Court and questioned the practicality of seeking assistance so late at night for something that could be considered an appointment.
“He was never advised he couldn’t go. He put his father back in bed. His father is now in hospice care and he returned home immediately. He maintained his client was complying with the Court’s directions but expressed concern about the frustration Mr. Sisneros is having with Pacheco because Sisneros has been doing everything he can to accommodate his client. Clark told the Court that the incident certainly shouldn’t arise to the sanction of a month in jail that the state had suggested and he asked the Court to consider once again tightening up the conditions of release.
Judge Martin said she didn’t agree with Clark’s assessment that the situation could be considered “a medical appointment”. She said she found there was a willful violation based on how clear she had been with Pacheco exactly a month earlier about what the Court’s expectations were.
Judge Martin told Pacheco he was giving the Court the appearance that the rules don’t apply tom him. She said to address that sort of issue she was ordering him to present himself at the detention center at noon on Friday and spend the weekend there.
“I need you to understand how serious I am about you following the conditions I set to the tee,” Judge Martin said.
As for emergency issues with his parents, Judge Martin told Pacheco there will have to be another family member that takes over in that capacity.
“I appreciate what you did and why in this situation, but you are on house arrest and the alternative is custody”, she said.