CCSO Investigates Alleged Battery Involving City Councilor at Grants City Hall

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  • CCSO Investigates Alleged Battery Involving City Councilor at Grants City Hall
    CCSO Investigates Alleged Battery Involving City Councilor at Grants City Hall
  • CCSO Investigates Alleged Battery Involving City Councilor at Grants City Hall
    CCSO Investigates Alleged Battery Involving City Councilor at Grants City Hall
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Editor’s Note: There is one quote in this story that uses profanity, it was selected to showcase the gravity of the situation. Until and unless charges are filed in this matter, the name of the aggressive person is redacted in official police records. All people are innocent until proven otherwise in a court of law.

GRANTS, N.M. – The Cibola County Sheriff’s Office is investigating an alleged battery at Grants City Hall that took place on May 19 between an unnamed person and City Councilor George Garcia, in the hall leading to City of Grants Manager Donald Jaramillo’s office at Grants City Hall, 600 W. Santa Fe Avenue.

A rumor circulating around Cibola County claimed that Grants Mayor Erik Garcia shoved Councilor Garcia after a special city council meeting on May 19 to approve lodger’s tax funding. Police records from the Cibola County Sheriff’s Office show that an investigation into a simple battery took place.

After acquiring Cibola County Sheriff’s Office records using an Inspection of Public Records Request, the Cibola Citizen newspaper asked Mayor Erik Garcia about the rumor and presented him with the police records.

Mayor Garcia said he has no recollection of the incident.

Documents acquired from CCSO do not list the name of a suspect, it is redacted in all official documents as is required by state law, NMSA 14-2-1(A), because no charges have been filed in this incident. That is not for a lack of trying, as CCSO is actively working with the New Mexico Administrative Office of the District Attorneys and the New Mexico Administrative Office of the District Attorney to see how to file charges in this matter.

Until charges are filed, the name of the suspect can legally be redacted. A police report is merely an allegation of actions that may have occurred. Until found guilty in a court of law, all people are presumed innocent.

The Alleged Battery

A special meeting of the Grants City Council took place at 2 p.m. on May 19.

The Grants City Council debated a decision by Mayor Garcia about replacing Councilor Garcia as Mayor Pro Tem. Councilor Zach Gutierrez was absent from this meeting, all other councilors were present. The idea proposed by Mayor Garcia was to replace Councilor Garcia with City Councilor Fred Rodarte, then after a year replace him with Councilwoman Beverly Michael, so as to give all of the councilor’s a turn at the Pro Tem position, he said during the meeting.

This proposal was met with silence from the board. Councilor Rodarte said that he wouldn’t make the motion himself, and the other two councilors did not make the motion either. Councilwoman Beverly Michael was asked by the mayor if she would like the position, she responded that she was not interested in the position and believed Councilor Garcia was doing a good job as Pro Tem.

After a short-lived debate, the motion died “for lack of interest,” according to the mayor.

The board then went on to approve regular business items, awarding funds to nonprofits in the city.

As the meeting ended, Mayor Garcia brought up the argument over the Mayor Pro Tem position, he accused the councilors of holding back progress. The meeting then adjourned, councilors and the mayor rose from their seats and the live Facebook feed ends.

After the meeting ended, Councilor Garcia was attempting to leave Jaramillo’s office when he was allegedly battered in the doorway. According to documents from CCSO, an unnamed person used their elbow to hit Councilor Garcia and move him out of the way, according to the report, Jaramillo was witness to the alleged battery.

Councilor Garcia began to yell at the unnamed person, saying they were being unprofessional. As this argument erupted, Councilwoman Beverly Michael was walking toward Jaramillo’s office.

At this point, according to CCSO documentation, Jaramillo moved from his desk to get in-between Councilor Garcia and the unnamed person, it was at this point that the unnamed person allegedly called Councilor Garcia a “Fucking pussy.”

Councilwoman Michael spoke, asking the unnamed person to repeat what they said louder so everyone could hear.

Councilor Garcia used the opportunity to leave the room, heading for his car and travelling home. During his trip home, Councilor Garcia began to feel a “tingling” sensation down his back that caused him to feel pain. As he began considering going to the hospital, his cell rang, Jaramillo was on the other line.

Jaramillo asked Councilor Garcia if he was okay. Councilor Garcia told Jaramillo that the city manager was a witness to his battery and that he would file charges against his unnamed assailant. Garcia called the police, Grants Chief Maxine Monte refused to handle the case due to a conflict of interest, so the case was kicked up to the sheriff’s office.

Councilor Garcia finally made his to Cibola General Hospital where he was seen for his injury. His medical provider diagnosed Councilor Garcia with a Thoracic Back Sprain and administered an intramuscular shot of muscle relaxant.

Councilor Garcia spoke with Cibola County Sheriff Larry Diaz that night, informing he wished to press charges.

CCSO contacted the New Mexico State Police to see if they would take over the investigation, claiming there would be a conflict if his office investigated the city. NMSP refused to take on the investigation, telling Diaz there would not be a conflict if CCSO investigated a situation inside Grants City Hall.

CCSO initiated their investigation on May 22 and found that they could not file charges through the 13th Judicial District Attorney’s Office for an unclarified “Conflict”. The 13th Judicial District has contacted the New Mexico Administrative Office of the District Attorneys and are actively working with them to raise charges against the unnamed person who allegedly battered Councilor Garcia.

When questioned by the Cibola Citizen, Mayor Erik Garcia said he has no recollection of the events alleged in the police report. Mayor was asked if he was involved in the alleged actions in the police report, he said he was not. Mayor Garcia appeared surprised when presented with the police report, claiming that he had no idea a police investigation was taking place at Grants City Hall.

The Cibola Citizen will continue following this story.