Prosecutors seek to hold 18-year-old Las Cruces man without bond in handgun assault case
Prosecutors have asked a District Court judge to hold an 18-year-old Las Cruces man without bond, citing multiple felony charges and allegations involving a handgun and several victims.
State asks District Court judge to order pretrial detention after filing multiple felony counts tied to Dec. 28 incident
Damien Willis, Organ Mountain News
LAS CRUCES - Prosecutors are asking a District Court judge to hold an 18-year-old Las Cruces man without bond after filing multiple felony charges stemming from a Dec. 28 confrontation that court records say involved a handgun and several victims.
Michael Vargas faces three counts of aggravated assault with a deadly weapon and two counts of aggravated battery with a deadly weapon, along with felony tampering with evidence and a misdemeanor charge for unlawful possession of a handgun by a person under 19, according to court filings.
The case was transferred from Magistrate Court to District Court after the District Attorney’s Office filed a motion seeking pretrial detention, arguing that no release conditions would reasonably protect the community.
In its motion, the District Attorney’s Office argues that the alleged use of a firearm, the number of victims involved and the severity of the reported injuries show Vargas poses a danger that cannot be adequately addressed through supervision or release conditions. Prosecutors also point to what they describe as a pattern of escalating behavior during the incident — including allegedly firing the weapon, striking multiple people and attempting to conceal the gun afterward — saying those actions demonstrate an ongoing risk to public safety if Vargas were to be released pending trial.
According to the statement of probable cause, officers were called to a residence on 8th Street on the evening of Dec. 28. Prosecutors allege Vargas racked a handgun and fired a round into the air before striking multiple people with the weapon. Court records state that at least one victim suffered a head wound that required staples to close.
Prosecutors further allege that Vargas hid the firearm after the incident. The charging documents indicate multiple alleged victims.
A Public Safety Assessment completed the night of the arrest recommended release on his own recognizance, citing Vargas’ age, the absence of prior violent convictions and no recent history of failing to appear in court.
Prosecutors are asking the court to override that recommendation. Under Rule 5-409 of the New Mexico Rules of Criminal Procedure, a District Court judge must hold a pretrial detention hearing within five days of the state’s filing if the defendant remains in custody, or within 10 days if the defendant is not in custody, unless the timeline is extended for good cause. The rule requires the court to determine whether any conditions of release could reasonably protect public safety.
Vargas remained in custody at the Doña Ana County Detention Center as of Wednesday, according to jail records, pending a pretrial detention hearing.
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