Attorney General Raúl Torrez’s office argues a district judge properly ordered the former GOP treasurer held before trial in the fatal hit-and-run case

Damien Willis, Organ Mountain News

LAS CRUCES - The New Mexico Attorney General’s Office is asking the state Supreme Court to reject Kimberly Ann Skaggs’ latest attempt to overturn an order keeping her jailed before trial in connection with a fatal June hit-and-run west of Las Cruces.

The state filed its response Monday morning in Supreme Court case S-1-SC-41556, arguing that a district judge properly found Skaggs posed a danger to the community and that no available release conditions would reasonably protect the public.

Skaggs, a former New Mexico Republican Party treasurer, is charged with leaving the scene of an accident resulting in death and tampering with evidence after 40-year-old bicyclist Andrew Brown was struck and killed June 22 on North Fairacres Road.

Third Judicial District Court Judge Conrad Perea ordered Skaggs held in pretrial detention June 30. The New Mexico Court of Appeals upheld that decision July 27.

Skaggs then asked the state Supreme Court to review the ruling, arguing in part that the district court failed to make adequate individualized findings and relied on speculation and technical conclusions not supported by evidence presented at the detention hearing.

The Supreme Court ordered the state to respond by Monday.

Republican Party official charged in fatal hit-and-run near Las Cruces

Kimberly Skaggs, identified in court filings as RPNM treasurer, was charged after deputies say she left the scene of a fatal crash near Las Cruces.

Organ Mountain NewsDamien Willis

What prosecutors say happened

According to court records, Brown was riding a bicycle on North Fairacres Road on June 22 when he was struck by a Cadillac Escalade.

A witness told investigators she saw the vehicle stop after the crash and saw the driver walking around the scene. Rather than call 911 or render aid, prosecutors allege the driver got back into the Escalade and left.

Brown suffered severe injuries, including a compound leg fracture, and later died.

Investigators used witness photographs, surveillance-camera footage and vehicle-registration information to identify the Escalade and connect it to Skaggs, according to court filings.

Officers later found the damaged Escalade at a property connected to Skaggs. Court records say the vehicle had front-end damage, debris consistent with the bicycle, blood and markings investigators believed were consistent with contact with the bike.

Prosecutors also allege that within hours of the crash, the Escalade’s registration was canceled and a new license plate was requested.

Skaggs later surrendered to law enforcement and was charged with leaving the scene of an accident resulting in death and tampering with evidence.

State says detention order was sufficiently specific

In its Supreme Court response filed Monday morning, the Attorney General’s Office argues the district court’s written order, read together with Perea’s oral findings at the detention hearing, adequately addressed the circumstances of the case and the risks associated with releasing Skaggs.

The state points to allegations that Skaggs struck Brown, left the scene while he was still alive and later took steps to conceal her involvement.

Investigators allege that within hours of the crash, the registration associated with the Cadillac Escalade involved in the collision was canceled and a new license plate was requested.

Skaggs owns 50 State DMV LLC in Las Cruces and had access to Motor Vehicle Division systems, according to court records.

The state argues those circumstances, combined with Skaggs’ traffic history, gave the district court a sufficient basis to conclude she posed a danger to the community and might not comply with conditions of release.

Release recommendation not controlling, state argues

Skaggs has emphasized that Pretrial Services recommended she be released on her own recognizance.

Her public safety assessment showed no new violent criminal activity flag and no identified failure-to-appear risk factors.

The Attorney General’s Office argues that recommendation was only one factor for the district court to consider and did not require Perea to release her.

The state says the judge was entitled to weigh the totality of the circumstances and give greater weight to the facts surrounding the crash and the alleged efforts to conceal Skaggs’ involvement.

The response also argues that Skaggs’ proposed release conditions — including GPS monitoring, driving restrictions and supervision — did not fully address the potential consequences if she failed to comply.

Skaggs challenges judge’s speed estimate

In her petition to the Supreme Court, Skaggs also challenges Perea’s handling of evidence concerning her alleged speed before the crash.

Her attorneys argue the district court supplied its own technical assumptions when calculating the Escalade’s minimum speed based on skid marks and braking efficiency.

Skaggs contends that calculation was not based solely on evidence presented at the detention hearing and should not have been used to support continued detention.

The state rejects that argument, saying substantial evidence supported the district court’s broader findings regardless of the dispute over the speed calculation.

The Attorney General’s Office concludes that the Court of Appeals correctly affirmed the detention order and asks the Supreme Court to deny Skaggs’ petition.

Chief Justice Julie Vargas has recused herself from the Supreme Court proceeding.

The remaining justices have not yet ruled on whether to grant Skaggs’ petition for review.

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.