GRANTS, N.M. – A Cibola County grand jury has indicted Ian M. Smith in a Grants case involving allegations of criminal sexual penetration and aggravated battery, according to court records, after an earlier felony complaint against Smith was dismissed in November during the pretrial detention stage.
Court records show the new case, State of New Mexico v. Ian M Smith (D1333-CR-202500137), was filed Dec. 12, 2025, in 13th Judicial District Court and assigned to District Judge Amanda Sanchez Villalobos, the same judge who previously dismissed this same case.
Smith is charged with Criminal Sexual Penetration in the Second Degree (Results in Personal Injury), a second-degree felony, and Aggravated Battery (Great Bodily Harm), a third-degree felony. The charges list a charge date of Aug. 27, 2025.
An arraignment is scheduled for 8:30 a.m. Dec. 22, 2025, at the Cibola County Courthouse, according to the court docket. The court record lists Sarah M. Gorman as counsel for Smith and Bradley Heaton Barton for the State. The record of court actions also indicates a summons return showing Smith was served Dec. 15, 2025.
The indictment follows an earlier dismissed case for the same incident.
State of New Mexico v. Ian Macgregor Smith (D1333-PD-202500011), filed Oct. 20, 2025, in which Smith was charged by criminal complaint with Criminal Sexual Penetration in the First Degree (Great Bodily Harm/Great Mental Anguish) and Aggravated Battery (Great Bodily Harm). In that case, both counts were listed as “Dismissed – By Motion” on Nov. 12, 2025, and the court entered an Order of Dismissal the same day.
In a written explanation previously provided to the Cibola Citizen, the 13th Judicial District Attorney’s Office said the earlier case was set for a pretrial detention hearing, but on the day of the hearing the defense moved to dismiss, arguing it had not received complete discovery. The DA’s office said prosecutors argued they had provided all they intended to present at that hearing, but the court agreed with the defense and dismissed the complaint.
The Cibola Citizen reached out to the 13th Judicial District Attorney, who confirmed at that time that the matter would be presented to a grand jury at a later date. This was done and Smith was formally charged by a jury of his peers on December 12.
Smith is presumed innocent unless and until and unless proven guilty in a court of law.
Grants Police Chief Maxine Monte said at the time her officers acted on an active warrant issued by the Cibola County Sheriff’s Office and declined to comment on the underlying investigation. In a statement, Monte emphasized that “crimes against women are serious offenses” and urged residents to report concerns to law enforcement.
Cibola County Sheriff Larry Diaz previously told the Citizen, “I can assure you the people are safe,” and said community members who feel unsafe “can always call me.”
In recent weeks, residents have continued to contact the Cibola Citizen with questions and concerns about public safety and court process in the case. The Citizen has also received messages from community members expressing appreciation that the matter has now moved forward through a grand jury filing.
For emergencies, call 911.
For non-emergencies, residents can contact local law enforcement at (505) 287-4404, (505) 287-9477, (505) 287-2983, or (505) 287-4491.