State seeks to detain both defendants in Anthony assault case ahead of trial
Prosecutors are seeking to detain both defendants in an Anthony assault case, arguing no release conditions can protect the public following allegations of a violent confrontation.
Prosecutors argue no release conditions can protect the public after alleged kidnapping and beating at gunpoint
Damien Willis, Organ Mountain News
LAS CRUCES - Prosecutors have filed motions seeking to detain both defendants charged in a violent assault case in Anthony, arguing that no release conditions can protect the public while the case proceeds.
The motions, filed April 29 in Doña Ana County Magistrate Court, ask a judge to hold Pablo Martinez, 32, and Pablo Montoya Martinez, 55, in custody pending trial.
Under New Mexico law, prosecutors must show by clear and convincing evidence that a defendant poses a threat to others and that no conditions of release will reasonably protect the community.
In the filings, prosecutors argue both men pose a danger to the victim and the public, citing allegations that they forcibly pulled the victim into a vehicle, struck him multiple times with a handgun and forced their way into the victim’s home.
The motions also allege the men demanded money from a second person inside the home after kicking in a door.
Damien Willis
Prosecutors say the alleged attack stemmed from a dispute over a property transaction in Anthony and escalated into a violent confrontation involving a handgun — including one defendant pointing the gun at the victim's forehead, causing him to fear for his life.
The cases stem from an incident Tuesday that led to charges including kidnapping, aggravated burglary, aggravated assault, multiple counts of aggravated battery and conspiracy to commit those offenses.
Court records show prosecutors intend to pursue grand jury indictments in the cases.
Hearings on the state's pretrial detention motions have not yet been scheduled in District Court.
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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