BY MAIRE O’NEILL
maire@losalamosreporter.com
First Judicial District Judge Anastasia Martin on Friday imposed a sanction of a year in jail on Shawn Cavasos, 36, of Los Alamos for an admitted probation violation involving drinking alcohol.
In March, Judge Martin granted a conditional discharge with three years of supervised probation to Shawn Cavasos of Los Alamos on charges of criminal sexual penetration of a minor aged 12 – 16 and contributing to the delinquency of minor, both fourth degree felonies. Under the terms of a plea agreement with the state, Cavasos agreed to plead guilty to both charges. A third charge of abandonment or abuse of a child was dismissed as part of the agreement.
Senior Trial Prosecutor Elizabeth Counce reminded the Court Friday that Cavasos had asked for a delay in sentencing because that he was going to an inpatient treatment facility. She said she had not yet received anything from the inpatient facility, but that several letters “in favor of” Cavasos had been received. Counce said the victim’s mother had asked to address the Court about what she would like to see happen, Counce said Cavasos was given “such a generous offer of a conditional discharge”, of trying to change his life and that “within a short period of time thereafter, he still would not abstain from alcohol”.
Counce noted that when Cavasos originally entered his plea in from of Judge Martin his assertion was that he was immediately going to get into a program, he knew he had problems with alcohol and that he needed help. She said it was only after his probation violation that he found a program that he believed was going to help and he went into that.
“At that point the state would absolutely believe that Mr. Cavasos was not taking this opportunity seriously, and we would ask for the full potential incarceration in this case, and definitely the loss of his conditional discharge. That would be three years from date of sentencing. He had two fourth degrees that were to be served consecutively,” Counce said.
The mother of the victim addressed the Court and noted that at sentencing, Cavasos had walked out with very simple requirements. She requested that he be incarcerated for his violation.
Counce asked for the maximum incarceration, noting that the plea was undertaken absolutely in the interest of the victim, She spoke about some of Cavasos’s behavior while the case was pending.
“I don’t think he’s taken this seriously at all. I think it’s a pattern of always having excuses, and I think he deserves to be punished for what he has done and for the fact that he has not taken this seriously, nor has he shown any ability to take accountability for what he has done and get the help that he said he needed”, Counce said.
Cavasos’s attorney Sean P. Grady addressed letters in favor of Cavasos sent to Judge Martin in June saying he thought they might have gotten lost so he re-sent them a few days ago. Judge Martin reviewed the letters and Ms. Counce noted that one of those who has written in was the girlfriend of the victim’s father, Tim Pacheco who she said is also involved in the situation.
Mr. Grady told the Court that when Cavasos first came before Judge Martin for sentencing, he was “waiting to be fully sentenced” so they could get him a bed and that he was already working to get into a rehab, even before he was sentenced. He said Cavasos accepted the plea offer and admitted his guilt, that he already knew he needed rehab and that there was a waiting period.
“Once he was in, he did great and there have not been any violations since that time. He does take this extremely seriously. There’s been absolutely no contact with the victim. I think that’s really so important here. It’s on him to follow all the orders of probation. No one is disputing that, however, again, the addiction goes deep and there is a pathological pattern to addiction that does lead people to drink, even when they are not supposed to,” Mr. Grady said.
He said he was in no way trying to take the requirements of probation off the table off for Mr. Cavasos but he wanted to keep the violation in perspective.
“He slipped, he drank alcohol and he went and sought treatment for it. This is of course a very serious matter. But I don’t think to fully revoke him for a single incidence of drinking, especially after he sought treatment, and completed it successfully, is excessive. The conditional discharge at the time he was sentenced – the most important part of this conditional discharge was no contact with the victim,” Grady said.
He added that this is not to say that Cavasos drinking alcoholic substances is acceptable, he said.
“But I don’t think taking away the conditional discharge for this one incidence is right. If the Court feels it’s necessary for him to be on zero tolerance moving forward, I would certainly think that that is reasonable and if the Court does decide to take away the conditional discharge, he should at least be given the opportunity to keep a deferred sentence,” Grady said.
He said full revocation is going to far and that given the seriousness of the offense and the plea plea offer that was accepted, Cavasos is going to be held to a very high standard and he’s not going to have any violations moving forward.
“Making this plea offer was the state’s decision so to come here and argue that the sentence was somehow unjust, that he got off too easy. I don’t think it’s appropriate for the state to say that considering they offered this plea and purported that it was in the best interest of the state of New Mexico and everyone involved. I just want to keep the violation in perspective,” Grady said.
Cavasos himself asked to speak to Judge Martin. He said he keeps hearing that he is not takng accountability.
“I really don’t have the words for how sorry I am. I am the one that ruined lives and I do take this seriously and I do take responsibility for it,” Cavasos said.
He said he slipped up before he got into treatment and he told the truth about it. I told the truth about it. He noted that treatment was the hardest eight weeks he has ever had.
“I want to apologize for wrecking lives here. You will not see anymore violations from me,” Cavasos said.
Judge Martin said when she took Cavasos’ plea the state was very adamant that if there was any violation, they were going to pursue revocation She said it stood out to her at the time of that hearing,
“In hearing from the victim’s mother as well as the factual basis, these are all things that the Court is considering. The Court does see that you are taking responsibility for the things you have done. I do see it that way. What concerned me was that alcohol was such a big factor of the underlying charge and then to go and have a parole violation is something that this Court just can’t tolerate. It’s concerning to me as well, and I do understand and appreciate the intricacies of addiction and how difficult, challenging and destroying in and of itself addiction can be on the people,” Judge Martin said.
She said the the state was very clear on what Cavasos needed to do and that he had disregarded that.
“Again I can sit up here and tell you not to drink, but addiction can interfere with the things I am saying. Regardless, I do find it pretty troubling that the incident that we are all here for that you created and perpetrated, heavily involved alcohol and then your probation violation is for drinking alcohol and again it’s something that the Court just can’t tolerate,” Judge Martin said.
She said while she that while she appreciates and understands that Cavaso is taking independent action to address his addiction, the Court needs to send him a signal.
“I need to let you know that it is not accepted by this Court and will not be tolerated by this Court and because of that you’re going to be remanded into custody. You are going to be in until Sept. 3, 2027,to serve at the Los Alamos Detention Facility for a year straight. Upon your release you’re going to be back on probation. until Oct. 4, 2029. You’ll have some time on probation when you get out – about two years to continue on with your treatment. I can not implore on you strongly enough – you’ve got to get whatever treatment you need. You have to get it under control or you’re going to be serving out the entire sentence in custody,” Judge Martin said.
She told Cavasos he was being remanded immediately into custody. Because his one-year in the Los Alamos Detention Center is a sanction for the probation violation, Judge Martin said she was going to allow him to keep dis conditional discharge.
“The only reason, frankly that I’m doing that, is because you represented to me here today, that you are being proactive about your situation,” Judge Martin said.