NM sheriff under investigation after allegedly showing up to standoff drunk
The Espanola police department filed charges against Sheriff James Lujan for obstructing a scene involving a barricaded suspect
Associated Press
ESPAÑOLA, N.M. — Police have seized cellphones of a New Mexico sheriff accused of showing up drunk to a SWAT standoff.
The Española Police Department executed a search warrant Thursday at the Rio Arriba County Sheriff’s Office for the personal and work cellphones of Sheriff James Lujan, the Santa Fe New Mexican reports.
The search warrants came as part of an investigation into a misdemeanor charge filed against Lujan by Española police for resisting, evading or obstructing an officer.
A criminal complaint filed in March said Lujan, in plainclothes, attempted to take over the scene involving a barricaded subject in Española.
The complaint, written by interim Española police Chief Roger Jimenez, states Lujan refused, despite commands from officers, to leave the scene. The complaint also says he smelled like alcohol and appeared to have trouble keeping his balance.
Lujan told Jimenez he was communicating with Phillip Chacon, the man who was the target of the SWAT standoff and had barricaded himself inside his home while officers tried to serve him with an arrest warrant, according to the criminal complaint.
Ninth Judicial District Attorney Andrea Reeb said Thursday there was “some difficulty” obtaining Lujan’s cellphones and that she made a call to Lujan’s attorney, Nathaniel Thompkins, to say Lujan needed to turn over the phones.
Española police Sgt. Jeremy Apodaca, a department spokesman, said Lujan “was compliant” when served with the search warrant.
Thompkins declined to comment.
The search warrant for Lujan also included information about another search warrant served earlier this week by Española police for the cellphone of an Española city councilor.
John Ramon Vigil was charged last week with several felonies, including conspiracy to commit bribery of a public officer and unlawful interest in a public contract, after officers discovered text messages, emails and Facebook messages he exchanged with Chacon.
A detective found the messages on Chacon’s phone while investigating aggravated battery charges against the man.
Officers “had some difficulty getting Mr. Vigil to exit his residence and comply with the search warrant,” according to the document.
Lujan, along with Undersheriff Martin Trujillo, then arrived at Vigil’s home, according to the search warrant, and detectives at the scene said they thought Lujan was obstructing their investigation.
“Sheriff Lujan continues to show a pattern of arriving on active scenes in which Española Police personnel are investigating crimes and interfering,” according to the search warrant. “Sheriff Lujan has offered no assistance that has resulted in a positive outcome. Moreover, Sheriff Lujan has contacted or been contacted by two separate individuals who were under felonious investigations during the investigation.”
Reeb was appointed special prosecutor in the Lujan case after state Attorney General Hector Balderas and First Judicial District Attorney Marco Serna recused themselves, citing conflicts of interest.
Detroit councilman Scott Benson receives jail sentence for DUI
FOX 2: “Councilman, anything you’re hoping will happen today?”
Benson: “We’ll talk afterward.”
And when he finally did say something, it was a prepared statement.
“I’d like to apologize to this court, the residents of Southfield and Detroit, my colleagues and family for my egregious behavior of June 2014,” he read.
Benson was found passed out behind the wheel of his city-owned car on the evening of June 29, 2014. His behavior can be seen in a released police video documenting the arrest.
He was charged with super drunk driving and having an open bottle of Buffalo Trace Bourbon in the car. He pleaded guilty to a reduced charge of drunken driving in October.
During his traffic stop, Benson told the Southfield police he had only had one sip and was drinking vodka.
On the 911 call a witness who saw Benson reported, “I don’t know if there’s something wrong with this guy in this car at Southfield and 8 Mile at the service drive. It’s not moving and neither is the person inside.”
On Thursday Judge Bill Richards reiterated the details of the incident to Benson.
“This was a serious offense,” said Richards. “You were so intoxicated that you feel asleep at the wheel, and the police found you slumped and asleep behind the steering wheel with the engine running.
“You were found with an open bottle of whiskey in the car. Your alcohol level, as tested was a .24 percent, which is three times the legal limit for alcohol in your system when you’re driving.
“So it’s no wonder that you were not even able to stay awake at the wheel.”
Richards added that the incident was Benson’s second alcohol-related driving offense.
“That is a separate cause for concern,” he said.
Richards did not give any details from the previous incident but did order Benson to pay $2,000 in fines and costs, continued substance abuse counseling, to meet with victims of drunk driving tragedies and two years of probation.
He also gave Benson a break and cut his recommended sentence in half. His period of probation starts with a seven-day jail sentence.
Benson’s sentence was half the time that court officials had recommended. He chose the date of March 13 to begin his sentence in Oakland County Jail.
Benson left court without thanking the judge, apologizing or speaking to FOX 2.
He did issue the following statement:
“I would like to apologize to the court, the residents of Southfield and Detroit, my colleagues and family for my egregious behavior of June 2014.
“During the last seven months I have learned a lot about my strengths and shortcomings and have made the appropriate and necessary lifestyle changes to leverage and manage them, respectively.
“While I remain remorseful and repentant of my egregious behavior in June 2014, I am determined to continue working to place this episode behind me so that I can continue to labor hard for my district and the citizens of Detroit without distraction.
“Again, I apologize to this court, the citizens of Detroit and Southfield, my constituents, colleagues, family and friends for the disruptions my personal actions have caused. Thank you for your prayers, support and forgiveness as I continue to work to move Detroit in a positive direction.”
San Jose Council Candidate Tim Orozco Admits to 2 DUI Arrests
By The Fly/ May 20, 201533
San Jose City Council candidate Tim Orozco (pictured center) admitted to having two DUIs on his record. (Photo via Facebook)
Last week Fly took a close look at the life of Manh Nguyen, a Vietnamese media executive and candidate for a San Jose City Council seat. It turns out he rented an apartment in District 4 last November, just weeks before he declared his candidacy, which sounded like an odd maneuver for someone who claims to be a longtime D4 resident. We also learned that he’s a bit of a Ladies Manh. Several readers suggested Fly turn its attention on Nguyen’s opponent in the June 23 special election, Tim Orozco, and some of those tips had merit. Orozco said in a phone interview that he has twice been arrested for driving drunk—the first incident occurring more than 30 years ago in college, and the second occurring almost 17 years ago, around the same time he was working on the campaign of U.S. Sen. Barbara Boxer. Orozco said they were mistakes in judgment he’s learned from and that he’s fine to still have a drink from time to time in social situations. He admitted, however, it was a bit “unnerving” to see his personal life being discussed publicly. A former staffer to Assemblywoman Toni Atkins (D-San Diego) and now an employee for state Sen. Bob Wieckowski (D-Fremont)—in addition to campaigning, Orozco said, he still works a minimum of 17.5 hours a week to retain health benefits—the microscope that comes with getting out front and running for public office has been a new experience; as has fundraising. Orozco said his advisers told him he needed to raise $70,000 in the runoff to defeat Nguyen, and right now he’s only about halfway to that goal with five weeks remaining in the race. As for any residency claims, Orozco said he moved home from San Diego to North San Jose in 2012 to be closer to family. The Registrar of Voters confirmed he lives at his mother’s house and has voted in each election since returning to San Jose.
