Judge denies pretrial detention in Southern New Mexico prison stabbing case
A judge denied prosecutors’ request to hold Fabian Marcos Bojorquez in custody ahead of trial in a Southern New Mexico prison stabbing case.
Court finds prosecutors failed to meet burden to keep Fabian Marcos Bojorquez jailed ahead of trial
Damien Willis, Organ Mountain News
LAS CRUCES - A judge has denied prosecutors’ request to hold a man in custody ahead of trial in connection with a stabbing at a southern New Mexico prison, clearing the way for his release under conditions.
Fabian Marcos Bojorquez is charged with aggravated battery with a deadly weapon and possession of a deadly weapon by a prisoner in connection with a November incident at Southern New Mexico Correctional Facility.
Prosecutors allege Bojorquez stabbed another inmate multiple times with a makeshift knife during an altercation inside the prison.
In an order filed March 26, District Judge Douglas Driggers found that the State’s amended expedited motion for pretrial detention was “not well taken,” ruling that prosecutors failed to show by clear and convincing evidence that no release conditions could reasonably protect the safety of others or the community.
The ruling allows Bojorquez to be released while the case proceeds, subject to court-imposed conditions.
Under the court’s order, Bojorquez must not possess weapons, have contact with the alleged victim or witnesses, or leave Doña Ana or Sierra counties without permission. He is also required to maintain contact with his attorney and comply with all court directives. The court set a $5,000 secured bond.
Bojorquez was an inmate at the time of the alleged stabbing. Court records indicate he has prior felony convictions, though the judge noted there was no evidence presented that he had committed additional dangerous acts since the incident.
A search of the New Mexico Corrections Department’s database indicated that Bojorquez was no longer in state custody, and court records show he posted bond and was released from the Doña Ana County Detention Center on Thursday, March 26.
A preliminary hearing in the case is scheduled for April 2 at 1 p.m. Prosecutors indicated they intend to seek an indictment prior to that hearing.
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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