BY MAIRE O’NEILL
maire@losalamosreporter.com
During a September 14 preliminary hearing before First Judicial District Court Judge T. Glenn Ellington, who was standing in for Judge Anastasia Martin, the court heard testimony concerning an August 29 incident involving Justin Anthony Bear Eagle, 24, of Los Alamos.
According to testimony presented during the hearing, Bear Eagle engaged in violent behavior against a female victim at his Los Alamos apartment for more than an hour. Court documents indicate that the incident included pulling the woman’s hair, biting her and tackling her to the ground. The victim received medical treatment for her injuries at a hospital.
Bear Eagle is scheduled for arraignment Sept. 25 before Judge Martin on charges of false imprisonment, a felony; aggravated battery against a household member by strangulation, a felony; and three counts of battery against a household member, misdemeanors.
Court documents indicate that Bear Eagle has at least a six-year history of criminal behavior predating this incident, including allegations of violence against domestic partners and family members.
Testimony from a probation officer with the Eight Northern Indian Pueblos indicated that Bear Eagle is “grossly incapable of complying with Court orders” and that, despite several attempts to have him complete treatment programs, he has been unsuccessful in completing them.
The court also considered the fact that Bear Eagle, a registered member of Ohkay Owingeh Pueblo, has been permanently excluded from Pueblo properties and territories.
Judge Ellington noted that the power to permanently exclude an individual from tribal property is unique to tribal governments and does not exist in state government.
Ellington determined that Bear Eagle was likely to commit new crimes and repeatedly violate conditions of release and probation. The judge also found that Bear Eagle appeared to have a substance-abuse issue that caused him to act out violently against whoever was in the room.
Judge Ellington found that the state had presented clear and convincing evidence that Bear Eagle is dangerous and that no reasonable conditions of release would protect the community.
Ellington therefore ordered Bear Eagle held without bond or other conditions of release while the case is pending trial.