State seeks to hold Las Cruces teacher in custody as court fight delays detention hearing
Prosecutors are seeking to detain a Las Cruces teacher accused of sexual misconduct with a student, but a series of court rulings and an emergency appeal delayed the initial hearing.
Prosecutors cite risk to community in case involving alleged contact with student; judge denies defense motions before hearing reset to May 5
Damien Willis, Organ Mountain News
LAS CRUCES - Prosecutors are seeking to keep a Las Cruces middle school teacher accused of sexual misconduct with a student in custody pending trial, arguing he poses a danger to the community and should not be released under any conditions.
Wyatt Cornelius, 43, a teacher and coach at Camino Real Middle School, is charged with child solicitation by electronic communication device, third-degree criminal sexual contact of a minor and conspiracy to commit contributing to the delinquency of a minor.
According to a criminal complaint, investigators say Cornelius exchanged Snapchat messages with a 14-year-old student that became sexual in nature and included references to meeting in person. Detectives also allege he touched the student’s buttocks and legs on multiple occasions at school and during school-related activities.
Las Cruces Public Schools has said Cornelius remains on administrative leave pending the outcome of an investigation.
Organ Mountain News
In an expedited motion for pretrial detention, prosecutors argue Cornelius used his position of authority to engage in inappropriate conduct with a student and that no release conditions would adequately protect the public.
The state wrote that Cornelius “poses a danger to the safety of the community” and that “no condition or combination of conditions of release will reasonably protect the safety of any other person or the community.”
Prosecutors are asking the court to hold him without bond while the case proceeds.
But the detention hearing did not proceed as initially scheduled Thursday morning, following a series of rulings and filings that escalated the case into a procedural dispute.
Court records show the case was reassigned earlier this week to District Judge Conrad F. Perea after the originally assigned judge, Douglas R. Driggers, recused himself, stating only that it was "for good cause."
The defense then filed a peremptory election seeking to remove Perea from the case — a request that allows a party to disqualify a judge without stating a reason if filed in a timely manner. Perea denied that request.
Defense attorney Brock Benjamin later filed an unopposed motion to continue the detention hearing, telling the court he was in the middle of a felony jury trial in El Paso County, Texas, and could not attend the hearing as scheduled.
Prosecutors did not object to the request.
Perea denied the motion.
Hours before the hearing, the defense filed an emergency petition with the New Mexico Supreme Court seeking to halt the proceedings, arguing the denial would force the case forward without counsel present and violate the defendant’s right to a fair hearing.
The New Mexico Supreme Court later granted the defense petition, ordering the district court to approve the unopposed motion to continue the detention hearing and reset the proceedings.
Court records now show the pretrial detention hearing has been reset for May 5.
Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.
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