Diego Lopez, Reporter
GRANTS, N.M – A pre-trial court date has been scheduled in the case of the State of New Mexico v. Erik O. Garcia, Mayor of Grants.
Mayor Garcia is being prosecuted by the State of New Mexico for committing the petty misdemeanor of Battery, NMSA 30-3-4. After a string of recusals from judges at the Grants Magistrate Court, The Honorable Delilah M. Montano-Baca, Sandoval County Magistrate Judge, has been selected to preside over this case at the Grants Magistrate Court.
The court case comes after a Special Grants City Council meeting to change the current mayor pro tem, the desire to change the number two in Grants government was a request of Mayor Garcia. In a 3-1 decision, the city council voted to keep City Councilor George Garcia in the position.
This was the beginning of significant dysfunction in city council which would culminate in the alleged battery on May 19. According to court records, Mayor Garcia committed battery against Councilor Garcia in the doorway of then-City Manager Donald Jaramillo’s office, allegedly shoving him from behind. According to police records, Councilor Garcia went to Cibola General Hospital after the altercation and was diagnosed with a thoracic back sprain. He announced his intention to press charges, and so began a long process of finding a prosecutor willing to take on the responsibility of prosecuting this case. Even the 13th Judicial District Attorney’s Office refused to take on the case, citing conflicts.
When finally the Administrative Office of the District Attorney decided to take on this case, Grants Magistrate Judge Johnny Valdez recused himself from the case, citing conflicts. The case was reassigned to Grants Magistrate Judge Tony Mace who recused himself only days later, citing conflicts.
The case is in the same courtroom, but is now under Judge Delilah Montaño-Baca of the San- doval County Magistrate Court.
Montaño-Baca set a pre-trial hearing in the case for October 3 at 1 p.m. in the Grants Magistrate Court. Timeline of Events
August 31, 2022
The Grants City Council votes in a meeting not to relocate the Cibola Magistrate Court to the library, with Mayor Erik Garcia breaking the tie vote. This marks the start of heightened tensions between Mayor Garcia and Councilor George Garcia, who are on opposite ends of the vote.
Earlier in 2023
Disputes within the council regarding public safety and tax revenue utilization continue to unfold, contributing to a fractured government and growing tensions.
May 19
A special city council meeting is held to discuss rotating the Mayor Pro tem position, something agreed to by councilors when the government was originally formed on April 1, 2021. The Grants Council voted not to change the Pro tem, keeping Councilor George Garcia in the position.
After the meeting, an alleged altercation between Mayor Erik Garcia and Councilor George Garcia occurs outside the office of the then-Grants City Manager Donald Jaramillo.
Councilor Garcia visits Cibola General Hospital, is diagnosed with a Thoracic Back Sprain, and declares his intention to press charges.
July 26
The Grants City Council votes unanimously to terminate City Manager Donald Jaramillo’s contract.
August 23
A critical meeting is abruptly canceled due to further disagreements within the council, leading to delays in city business and increased community tensions.
September 8
Mayor Garcia's arraignment is held; he pleads not guilty to battery charges.
Judge Johnny Valdez recuses himself from the case.
Mayor Garcia is advised of his rights, and conditions of his release on personal recognizance are set.
September 13
Defense attorney packet filed including Entry of Appearance, Motion for Discovery/Production Filed, and Demand for Speedy Trial.
September 15
The case is reassigned to Judge Delilah Montano- Baca after Judge Tony Mace also steps down.
October 3 (Upcoming)
A pretrial hearing is scheduled at the Grants Magistrate Court before Judge Montano-Baca.