GUILTY NM - Pronoy Bhattacharya, 7, killed by hit-and-run ATV driver, Albuquerque, Dec 2021 *arrest*

[BeginnerSleuther]

Is anyone following this story?

Family with three boys go to see Christmas lights. Afterwards, they walk back to their car, cross a crosswalk (when they get the walk signal), and are allegedly hit by a speeding driver (possibly drunk) who runs a red light.

US Marshals join search for suspect in fatal River of Lights hit-and-run

Suspect in ABQ boy's hit-and-run death a fugitive

"Albuquerque police said Monday that they served a warrant at the home of 27-year-old Sergio Almanza and he appears to have gone on the run.

Investigators identified Almanza as the suspected driver of the off-road vehicle involved in the Dec. 12 incident.

Authorities say Pronoy Bhattacharya and his family had just left the River of Lights display at ABQ BioPark. They were in a marked crosswalk with the right of way when an all-terrain vehicle struck the boy and his father."

Picture of suspect

 

[Laughing]

Oh, no!

We skipped RofL this year, mostly due to traffic concerns. We've been to several, this is a really great light/music display!

So sorry for the family!

jmho ymmv lrr

 

[Flurries]

Very sad. And incredibly preventable with not only taxis, but Uber & Lyft nowadays.

 

[Laughing]

Very sad. And incredibly preventable with not only taxis, but Uber & Lyft nowadays.

ALB has had problems with people illegally operating ATVs and UTVs on city street.

There just isn't enough LE to go around, IMHO.

My family is New Mexican, lil' sis lives in ALB. Sometimes ALB is still the Wild West.

jmho ymmv lrr

 

[borndem]

What was wrong with this ~man~?
How horribly sad. That poor, grieving family. The sweet young son and brother is just -- gone.

Hoping this man will be found, jailed, and tried for the highest grade of 2nd degree murder or the equivalent in NM, as well as other charges if possible. He obviously knows that he is in bit of trouble -- hit and run, leaving the scene, probably speeding, ?alcohol?, apparently hiding from LE...
Throw the book at him.

 

[JerseyGirl]

Almanza to remain behind bars until trial

Sergio Almanza appeared in court Wednesday afternoon. He is accused of killing 7-year-old Pronoy Bhattacharya in a hit-and-run crash outside the River of Lights in December.

 

[Niner]

Here's an older article I found with his charges:

Grand jury indicts Sergio Almanza on 6 charges

Feb. 4, 2022
.....
Almanza was on the run for seven weeks until he finally surrendered last Monday, Jan. 31.

Almanza is now facing six charges:

• 
  
  
  • Count 1: Homicide by vehicle (driving while under the influence or homicide by vehicle (reckless driving)
  • Count 2: Great bodily harm by vehicle (driving while under the influence) or homicide by vehicle (reckless driving)
  • Count 3: Knowingly leaving the scene of an accident (great bodily harm or death)
  • Count 4: Tampering with evidence
  • Count 5: Tampering with evidence
  • Count 6: Driving an off-highway motor vehicle on a paved street or highway

Wonder why I can't find him in the Albuquerque court site??

 

[Niner]

and just to keep my notes straight - I'll go ahead & post this.

Wednesday, March 23rd:
Detention Hearing (@ am MT) - NM - Pronoy Bhattacharya (7) (Hit & run on Dec. 12, 2021, River of Lights display, Albuquerque) - Sergio Almanza (27) warrant served for his arrest (12/13/21), surrendered (1/31/22), indicted (2/4/22), charged & arraigned (2/14/22) with homicide by vehicle (driving while under the influence or homicide by vehicle (reckless driving), Great bodily harm by vehicle (driving while under the influence) or homicide by vehicle (reckless driving), knowingly leaving the scene of an accident (great bodily harm or death), tampering with evidence, tampering with evidence & driving an off-highway motor vehicle on a paved street or highway. No bond.
Albuquerque police said Monday (12/13/21) that they served a warrant at the home of Almanza and he appears to have gone on the run. Investigators identified Almanza as the suspected driver of the off-road vehicle involved in the Dec. 12 incident. Authorities say Pronoy Bhattacharya & his family had just left the River of Lights display at ABQ BioPark. They were in a marked crosswalk with the right of way when an all-terrain vehicle struck the boy & his father. Almanza was wanted currently for vehicular homicide, leaving the scene of an accident with great bodily harm & tampering with evidence. Albuquerque police said they are on the hunt for the Almanza. They say he was going 50mph through a red light when he hit Pronoy & his family. Almanza's alleged passengers are also part of the investigation & the deputy chief said there is reward money ($8,830) for helpful information.
2/4/22 Update: A grand jury has indicted Almanza. Almanza is now facing six charges: Count 1: Homicide by vehicle (driving while under the influence or homicide by vehicle (reckless driving), Count 2: Great bodily harm by vehicle (driving while under the influence) or homicide by vehicle (reckless driving), Count 3: Knowingly leaving the scene of an accident (great bodily harm or death), Count 4: Tampering with evidence, Count 5: Tampering with evidence & Count 6: Driving an off-highway motor vehicle on a paved street or highway. Almanza was on the run for seven weeks until he finally surrendered last Monday, Jan. 31, 2022. According to the indictment, Almanza will be held without bond. His arraignment is expected to be on Feb. 14. A pretrial detention motion will be filed at a later date. 2/14/22 Update: Arraignment hearing. No information.
3/23/22 Update: Almanza appeared in court Wednesday afternoon. He is accused of killing 7-year-old Pronoy Bhattacharya in a hit-and-run crash outside the River of Lights in December. Almanza faced Judge Stan Whitaker with a new attorney, who filed a motion March 4 to reconsider pretrial detention – stating he wishes to be part of his children's lives. Almanza's previous counsel waived that opportunity during his initial hearing. In a court document, his new attorney Adam Oakey argues Almanza has immense family support & would agree to conditions of release, like being asked not to drive. It also states that although Almanza initially fled to Mexico – he did choose to come back & face justice. Judge Whitaker agreed and denied the motion to reconsider pretrial release. Almanza will remain behind bars until trial.

 

[Niner]

Still not in the court site....

If someone can find a case # - maybe I can search that way.

 

[Laughing]

From above post:

filed a motion March 4 to reconsider pretrial detention – stating he wishes to be part of his children's lives

IMHO, should thought of that before operating the motor vehicle impaired, before operating a motor vehicle illegally, before running to Mexico...before causing this child's death & family
s trauma.

jmho ymmv lrr

 

[Niner]

Well... ding, ding, ding... If I had put his name in "correctly" I would have found him...

Here's everything on the court site - wanted to get it on here on what has gone on with his case. Sorry it's a bit long. No "next" hearing yet - so I'll keep an eye out on it.

State of New Mexico v. SERGIO ALFRED ALMANZA
Case Detail
Case Number Current Judge Filing Date Court
D-202-CR-202200200 Loveless, Brett R. 02/04/2022 ALBUQUERQUE DISTRICT

Criminal Charge Detail
Party Count Seq # Statute Charge Class Charge Date Cit # Plea Disposition Disp Date
D 1 1 1 66-8-101(A)&(C) Homicide by vehicle (DWI) F2 12/12/2021
D 1 2 1 66-8-101(B) & 66-8-1 Great Bodily Harm by Vehicle (Driving While Under Influence of Intoxicating Liquor or Any Drug) F3 12/12/2021
D 1 3 1 66-7-201(C) Knowingly Leaving the Scene of an Accident (Great Bodily Harm or Death) F3 12/12/2021

D 1 4 1 30-22-5 Tampering with Evidence (Highest Crime a Capital, First or Second
Degree Felony) F3 12/12/2021

D 1 5 1 30-22-5 Tampering with Evidence (Highest Crime a Capital, First or Second Degree Felony) F3 12/12/2021

D 1 6 1 66-3-1011(A)(2) Driving an Off-Highway Motor Vehicle on a Paved Street or Highway PM 12/12/2021


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/23/2022 2:45 PM MOTION HEARING Whitaker, Stanley ALBUQUERQUE DISTRICT COURT Courtroom 620

02/28/2022 9:30 AM MOTION HEARING Baca-Miller, Britt M. ALBUQUERQUE DISTRICT COURT Courtroom 420

02/11/2022 3:00 PM DETENTION HEARING Whitaker, Stanley ALBUQUERQUE DISTRICT COURT Courtroom 702

02/11/2022 3:00 PM ARRAIGNMENT Whitaker, Stanley ALBUQUERQUE DISTRICT COURT Courtroom 702


Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
03/23/2022 AUDIO LOG NOTES
Rm 620 2:47:06- 3:00:58

03/15/2022 WITNESS LIST P 1
STATE'S FIRST AMENDED NOTICE OF INTENT TO CALL WITNESSES

03/09/2022 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO RECONSIDER PREVENTATIVE DETENTION

03/09/2022 NTC: HEARING (MOTION)

03/05/2022 MTN: TO RECONSIDER/ REVIEW D 1
DEFENDANT'S MOTION TO RECONSIDER PRETRIAL DETENTION

03/04/2022 REQUEST FOR HEARING/ SETTING D 1
DEFENSE MOTION TO RECONSIDER PRETRIAL DETENTION

03/04/2022 REQUEST FOR HEARING/ SETTING D 1
ON DEFENSE MOTION TO RECONSIDER PRETRIAL DETENTION

02/28/2022 ORD: ORDER
STIPULATED ORDER OF PROTECTION

02/28/2022 AUDIO LOG NOTES
CT RM 420 9:36:24 - 9:37:38

02/18/2022 ORD: ORDER

TO PRODUCE RECORDS AND/OR TO DISCLOSE OTHER PROTECTED HEALTH INFORMATION
02/17/2022 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL D 1
NOTICE OF SUBSTITUTION; REQUEST FOR DISCOVERY; SPEEDY TRIAL DEMAND

02/17/2022 NTC: HEARING (MOTION)

02/16/2022 JDG: NO ACTION EXCUSAL P 1
State's Peremptory Challenge; No Action per Supreme Court Order

02/16/2022 REQUEST P 1
STATE'S REQUEST FOR TRACK ASSIGNMENT AND SCHEDULING ORDER PURSUANT TO LR2-308

02/15/2022 ORD: ORDER
RE: SCHEDULING CONFERENCE

02/14/2022 NTC: NOTICE D 1
OF WAIVER OF DETENTION HEARING

02/14/2022 MTN: MOTION P 1
NOTICE OF COMPLIANCE AND MOTION FOR ORDER OF PROTECTION

02/14/2022 ORD: ORDER
FORM ORDER - MOTION FOR PRETRIAL DETENTION - GRANTED BY STIPULATION

02/14/2022 WITNESS LIST P 1
State's Witness List

02/11/2022 ORD: CONDITIONS OF RELEASE
HOLD PER 5-409; STIPULATE TO DETENTION

02/11/2022 AUDIO LOG NOTES
CTRM 702 3;15;20- 3:20;48

02/11/2022 NOT GUILTY PLEA
AT ARRAIGNMENT BEFORE JUDGE WHITAKER; NO BOND HOLD

02/11/2022 CERTIFICATE OF READINESS P 1
PURSUANT TO LR2-308(B)(2)

02/11/2022 ENTRY OF APPEARANCE P 1

02/11/2022 DEMAND FOR ALIBI P 1
DEMAND FOR NOTICE OF INTENTION TO CLAIM ALIBI AND/OR ENTRAPMENT

02/09/2022 MTN: for Pretrial Detention 5-409
STATE'S AMENDED EXPEDITED MOTION FOR PRETRIAL DETENTION

02/09/2022 MTN: FOR CONTINUANCE D 1
DEFENDANT'S MOTION TO CONTINUE DETENTION HEARING

02/09/2022 Public Safety Assessment

02/09/2022 MTN: FOR CONTINUANCE D 1
DEFENDANT'S MOTION TO CONTINUE DETENTION HEARING

02/09/2022 NTC: HEARING (ARRAIGNMENT)
AMENDED NOTICE OF ARRAIGNMENT SET FOR 2/11/22 AT 3:00 PM BEFORE JUDGE WHITAKER

02/08/2022 NTC: HEARING (ARRAIGNMENT)
SET ON 2/11/22 AT 8:40 AM IN POD P

02/08/2022 NTC: HEARING

02/08/2022 WAR: WARRANT SERVED D 1
CANCELLATION OF WARRANT ISSUED ON 2/4/2022

02/07/2022 ENTRY OF APPEARANCE D 1
DEFENSE COUNSEL'S ENTRY OF APPEARANCE, REQUEST FOR DISCOVERY, DEMAND FOR EXCULPATORY INFORMATION, AND DEMAND FOR A SPEEDY TRIAL

02/04/2022 AUDIO LOG NOTES
GRAND JURY AUDIO PORT 1: 02/04/44-03/05/24*03/18/55-03/19/11*05/07/21-05/09/04

02/04/2022 MTN: for Pretrial Detention 5-409
State's Expedited Motion for Pretrial Detention

02/04/2022 NTC: VICTIMS CRIME ACT P 1
STATE'S NOTICE OF APPLICABILITY OF VICTIMS OF CRIME ACT

02/04/2022 WAR: Warrant Issued
GJI BW; NO BOND HOLD; NO CCP

02/04/2022 ORD: PRESENTATION ORDER
ISSUE GJI BW; NO BOND HOLD; IN JAIL; CATEGORY 2

02/04/2022 OPN: GRAND JURY INDICTMENT
DA#: 2021-07520-1


link: Stale Session

 

[Niner]

Boy - they sure moved this hearing way in the future....

Docket:
Event Date Event Description Event Result Party Type Party # Amount
04/14/2022 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL D
04/11/2022 ORD: SCHEDULING/PRETRIAL ORDER

04/11/2022 ORD: Track 3 Assignment Order

03/29/2022 REQUEST FOR HEARING/ SETTING P
STATE'S REQUEST FOR A HEARING ON THE STATE'S REQUEST FOR A TRACK ASSIGNMENT AND SCHEDULING ORDER

03/29/2022 ORD: ORDER
DENYING DEFENDANT'S MOTION TO RECONSIDER PRETRIAL DETENTION


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/06/2023 9:00 AM JURY TRIAL Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/24/2023 1:30 PM Pretrial Conference Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

03/23/2022 2:45 PM MOTION HEARING Whitaker, Stanley ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session

 

[Niner]

Just got an alert for this case. Looks like he had a hearing on 10/20/22. And more hearings before the previous court site said was in February, 2023.

Here's the docket update.

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
10/20/2022 AUDIO LOG NOTES
Room 606 02:19:34-02:26:26

10/20/2022 REQUEST FOR HEARING/ SETTING P 1
TO COMPEL PRETRIAL INTERVIEW, TESTIMONY & GRANT FOR IMMUNITY & STATE'S MOTION TO CONTINUE TRIAL

10/17/2022 MTN: FOR CONTINUANCE P 1
STATE'S MOTION TO CONTINUE TRIAL

10/14/2022 MTN: MOTION P 1
State's Motion to Compel Pretrial Interview, Testimony, and for Grant of Use Immunity

09/30/2022 NTC: HEARING (STATUS)
NOTICE OF STATUS HEARING/ CONFERENCE

09/26/2022 ORD: SCHEDULING/PRETRIAL ORDER
AMEMDED SCHEDULING ORDER (TRACK 3, NEW CALENDAR)

09/26/2022 MTN: MOTION/ PETITION TO EXTEND TIME D 1
STIPULATED MOTION TO EXTEND DEADLINES

09/13/2022 WITNESS LIST P 1
State's Third Amended Witness List

07/12/2022 WITNESS LIST P 1
SECOND AMENDED NOTICE OF INTENT TO CALL WITNESSES

05/20/2022 ENTRY OF APPEARANCE D 1
AMENDED

05/19/2022 RESPONSE D 1
DEFENDANT'S RESPONSE TO STATE'S NOTICE OF NONCOMPLIANCE

05/18/2022 WITNESS LIST D 1
Defendant's Witness LIst

05/05/2022 NTC: NOTICE P 1
State's Notice of Non-Compliance
04/14/2022 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL D 1



Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/06/2023 9:00 AM JURY TRIAL Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/10/2023 1:30 PM Pretrial Conference Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

01/03/2023 2:00 PM STATUS CONFERENCE Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

10/20/2022 2:15 PM STATUS HEARING/ CONFERENCE Loveless, Brett R.ALBUQUERQUE DISTRICT COURT Courtroom 606


link: Stale Session

 

[Niner]

Judge asked to compel testimony in fatal ATV crash

Deputy DA is asking Judge Loveless to grant 'use immunity' to shield both witnesses from prosecu

www.abqjournal.com

Oct. 20, 2022
Prosecutors are asking a judge to compel the testimony of two witnesses in a hit-and-run crash last year that killed a 7-year-old boy crossing Central Avenue after attending the River of Lights show with his family.
[.....]
Deputy District Attorney John Duran filed a motion this week asking a judge to grant limited immunity for two witnesses, and compel their testimony in pretrial interviews and at trial.

Adrian Casas would testify that he assisted Almanza to store an off-road vehicle after the fatal crash and spoke with Almanza about the incident, according to the motion.

And Andres Salazar would testify that he was a passenger in the vehicle at the time of crash, it said.

Duran is asking 2nd Judicial District Judge Brett Loveless to grant “use immunity” that would shield both men from prosecution based on their testimony. A hearing is scheduled Thursday in the case.
[.....]
Almanza also allegedly struck and seriously injured the boy's father, Aditya Bhattacharya, who was crossing the street with the boy at the time.

 

[Niner]

River of Lights hit and run prosecutors want defense attorney removed

ALBUQUERQUE, N.M. (KRQE) – Prosecutors in the Sergio Almanza case are trying to get his attorney dismissed from the case. Almanza is accused in a hit and run at last year’s River of…

www.krqe.com

Nov. 2, 2022
ALBUQUERQUE, N.M. (KRQE) – Prosecutors in the Sergio Almanza case are trying to get his attorney dismissed from the case. Almanza is accused in a hit and run at last year’s River of Lights that killed 7-year-old Pronoy Bhattacharya.

The state has filed a motion to disqualify defense attorney Ahmad Assed, claiming he has a conflict of interest. Prosecutors say they had trouble reaching a witness – the waitress who served Almanza just before the crash.

According to the motion, they learned she is being represented by Assed in a separate federal case. Assed asserts there is no conflict. A hearing on the motion is set for December 7.

 

[Niner]

Oops - missed a hearing in October...

egister of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
10/28/2022 REQUEST FOR HEARING/ SETTING P 1

10/28/2022 MTN: MOTION P 1
STATE'S MOTION TO DISQUALIFY THE LAW OFFICE OF AHMAD ASSED FROM REPRESENTATION OF DEFENDANT FOR CONFLICT OF INTEREST

10/24/2022 NTC: HEARING (STATUS)

10/21/2022 ORD: ORDER
ORDER ON STIPULATED MOTION TO EXTEND DEADLINES


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/06/2023 9:00 AM JURY TRIAL Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/10/2023 1:30 PM Pretrial Conference Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

01/03/2023 2:00 PM STATUS CONFERENCE Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

12/07/2022 2:15 PM MOTION HEARING Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

10/20/2022 2:15 PM STATUS HEARING/ CONFERENCE Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 606

link: Stale Session

 

[Niner]

Docket update:

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
11/28/2022 NTC: NOTICE D 1
Notice of Lodging Exhibit 2

11/23/2022 RESPONSE D 1
Defendant's Response to State's Motion to Disqualify

11/14/2022 MTN: MOTION/ PETITION TO EXTEND TIME D 1
DEFENDANT'S MOTION TO EXTEND DEADLINE TO FILE RESPONSE TO MOTION

10/28/2022 REQUEST FOR HEARING/ SETTING


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/06/2023 9:00 AM JURY TRIAL Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/10/2023 1:30 PM Pretrial Conference Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

01/03/2023 2:00 PM STATUS CONFERENCE Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

12/07/2022 2:15 PM MOTION HEARING Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620


link: Stale Session

 

[Niner]

Wednesday, December 7th:
*Motions Hearing (@ 2:15pm MT) - NM - Pronoy Bhattacharya (7) (Hit & run on Dec. 12, 2021, River of Lights display, Albuquerque & seriously injured Pronoy father Aditya Bhattacharya) - Sergio Alfred Almanza (27/now 28) warrant served for his arrest (12/13/21), surrendered (1/31/22) charged & arraigned (2/14/22) with homicide by vehicle (driving while under the influence or homicide by vehicle (reckless driving), great bodily harm by vehicle (driving while under the influence) or homicide by vehicle (reckless driving), knowingly leaving the scene of an accident (great bodily harm or death), 2 counts of tampering with evidence & driving an off-highway motor vehicle on a paved street or highway. Plead not guilty. No bond.
Trial set to begin on 3/6/23.
Info on hit & run & court info from 2/4/22 to 2/14/22 reference post #8 here:
https://www.websleuths.com/forums/t...atv-driver-albuquerque-dec-2021-arrest.607490
2/14/22: State's witness list; Order: Motion for pretrial detention-granted by stipulation. Notice of compliance & motion for order of protection. Notice of waiver of detention hearing. 2/16/22: State's request for track assignment & scheduling order pursuant to LR2-308. State's peremptory challenge; No action per Supreme Court Order. 2/17/22: Withdrawal/entry/substitution of counsel. Notice of substitution; request for discovery & speedy trial demand. 2/18/22: Order to produce records and/or to disclose other protected health information. 2/28/22: Stipulated Order of protection. 3/4/22 Request for hearing/setting on defense motion to reconsider pretrial detention. 3/5/22: Motion to reconsider pretrial detention. 3/9/22: Motion hearing on 2/28/22. 3/9/22: State's response to defendant's motion to reconsider preventative detention. 3/15/22: State's first amended notice of intent to call witnesses. Motion hearing on 3/23/22.
3/23/22 Update: Almanza appeared in court Wednesday afternoon, 3/23/22. He is accused of killing 7-year-old Pronoy Bhattacharya in a hit-and-run crash outside the River of Lights in December. Almanza faced Judge Stan Whitaker with a new attorney, who filed a motion March 4 to reconsider pretrial detention – stating he wishes to be part of his children's lives. Almanza's previous counsel waived that opportunity during his initial hearing. In a court document, his new attorney Adam Oakey argues Almanza has immense family support & would agree to conditions of release, like being asked not to drive. It also states that although Almanza initially fled to Mexico – he did choose to come back & face justice. Judge Whitaker agreed and denied the motion to reconsider pretrial release. Almanza will remain behind bars until trial.
3/29/22: Order-denying defendant's motion to reconsider pretrial detention. State's request for a hearing on the State's request for a track assignment & scheduling order. 3/29/22: Defendant's Motion to reconsider pretrial detention-denied. State's request for a hearing on the State's request for a track assignment & scheduling order. 4/14/22: Withdrawal/Entry/Substitution of Counsel. Next pretrial conference hearing on 2/24/23 & trial to begin on 3/6/23.
5/5/22: State's Notice of Non-compliance. 5/18/22: Defendant's witness list. 5/19/22: Defendant's response to State's Notice of Non-compliance. 7/12/22: Second amended notice of intent to call witnesses filed by State. 9/13/22: State's third amended witness list. 9/26/22: Stipulated Motion to extend deadlines. Amended scheduling order/new calendar. 9/30/22: Notice of status hearing on 10/20/22. 10/14/22: State's Motion to Compel pretrial interview, testimony & for grant of use immunity. 10/17/22: State's Motion to continue trial.
10/20/22 Update: Prosecutors are asking a judge to compel the testimony of two witnesses in a hit-and-run crash last year. Deputy District Attorney John Duran filed a motion this week asking a judge to grant limited immunity for two witnesses & compel their testimony in pretrial interviews & at trial. Adrian Casas would testify that he assisted Almanza to store an off-road vehicle after the fatal crash & spoke with Almanza about the incident, according to the motion. And Andres Salazar would testify that he was a passenger in the vehicle at the time of crash, it said. Duran is asking 2nd Judicial District Judge Brett Loveless to grant “use immunity” that would shield both men from prosecution based on their testimony. A hearing is scheduled Thursday, 10/20/22 in the case. Added to court site: Status conference hearing on 1/3/23 @ 2pm, pretrial conference hearing on 2/10/23 @ 1:30pm & trial set to begin on 3/6/23 @ 9am.
11/2/22 Update: The state has filed a motion to disqualify defense attorney Ahmad Assed, claiming he has a conflict of interest. Prosecutors say they had trouble reaching a witness – the waitress who served Almanza just before the crash. According to the motion, they learned she is being represented by Assed in a separate federal case. Assed asserts there is no conflict. A hearing on the motion is set for 12/7/22.
11/14/22: Defendant's motion to extend deadline to file response to motion. 11/23/22: Defendant's response to State's motion to disqualify. 11/28/22: Notice of lodging Exhibit 2.

 

[Niner]

No docket update - yet.

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/06/2023 9:00 AM JURY TRIAL Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/10/2023 1:30 PM Pretrial Conference Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

01/03/2023 2:00 PM STATUS CONFERENCE Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

12/07/2022 2:15 PM MOTION HEARING Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session

 

[Niner]

Docket update:

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
12/12/2022 ORD: STIPULATED P 1
STIPULATED ORDER EXTENDING SCIENTIFIC EVIDENCE AND PRETRIAL INTERVIEW DEADLINES

12/07/2022 AUDIO LOG NOTES
Room 620 02:29:21-03:24:07

12/06/2022 MTN: MOTION/ PETITION TO EXTEND TIME D 1
DEFENDANT S MOTION TO EXTEND SCIENTIFIC EVIDENCE DEADLINE


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/06/2023 9:00 AM JURY TRIAL Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/10/2023 1:30 PM Pretrial Conference Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

01/03/2023 2:00 PM STATUS CONFERENCE Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session