GRANTS, N.M. – Late at night on August 7 a ‘shots fired’ call came across police scanners for San Jose Drive. As GPD officers arrived on scene they discovered an Albuquerque, New Mexico, man who had been fatally shot in the upper chest. Working with the 13th Judicial District Attorney’s Office, Grants Police Department were able to identify and arrest Alejandro Balderrama, 40, of San Rafael, N.M.
Officers identified the victim as Christopher Pacinelli, an Arizona resident who was staying in Los Lunas, N.M. Due to the ongoing nature and investigation into his murder, GPD cannot release reasons as to why Pacinelli was in Grants that night.
“After an investigation and multiple interviews, we were able to identify Alejandro Balderrama as our main suspect,” according to a statement from Grants Police Department.
Working closely with the 13th Judicial District Attorney’s Office to collect evidence and properly file paperwork, GPD was able to raise charges which include homicide, and felon in possession of a gun.
“The new DA is pretty tight on how they want things, we wanted to make sure we got this one right,” according to GPD. “They worked with us diligently, helped us write warrants, find and file the right type of evidence.”
The assistance from the DA’s Office to GPD comes as the department is been plagued with “Declination to prosecute” letters. This means that the DA’s Office refuses to go forward with prosecuting a case with the department, three of the letters the Cibola Citizen obtained, cite a “lack of manpower” as to the reason behind the declination letters. No other law enforcement department in Cibola County or the 13th Judicial District reported issues with declination letters, with Los Lunas Police Department in Los Lunas, N.M., praising their close relationship with the DA’s Office.
Chief Deputy District Attorney Jessica Martinez wrote, “Our office prosecutes felonies and certain misdemeanors (DVs and DWIs). To prosecute a case our office needs discovery which includes (amongst many other things) police reports, witness statements, and body cameras. In addition to discovery, our office must ensure that we only prosecute cases with sufficient probable cause. It is difficult to speak in generalities about reasons for declination letters. However, cases may be dismissed and declined to refile to allow law enforcement time to complete investigation and provide our office with discovery, for unlawful search and seizure, for insufficient evidence, for lack of victim cooperation, or for a referral for federal prosecution. In each declination letter our office invites the law enforcement agent to contact us to discuss the matter.”
GPD’s large number of declination letters do not necessarily mean that justice isn’t being achieved. The declination letters invite officers to pursue officer prosecution, which does not change the penalties for crimes, which state law permits. “Justice requires we pursue cases based on the law and the evidence. Often cases are refiled once criminal investigations and discovery are complete. Cases that lack sufficient evidence, however, cannot be prosecuted. We have a legal and ethical obligation to protect both the rights of the victims as well as the defendant’s. To take away someone’s liberty without proper evidence goes against our obligation to pursue justice for all,” DDA Martinez wrote.
Addressing the lack of manpower in the DA’s office, DDA Martinez wrote, “The 13th Judicial District Attorney’s office is always searching for well qualified and dedicated staff and prosecutors as turnover for prosecutors is an issue throughout the state. District Attorney Romo has taken steps since taking office to address turnover and continuously work with the legislature and other District Attorneys across the state to address this issue,” she continued, “The 13th District Attorney’s has always and continues to prosecute misdemeanors such as DUI’s and domestic violence. However, other misdemeanors such as traffic violations or misdemeanor shoplifting have traditionally and will continue to be prosecuted by officers.”
DDA Martinez explained that the DA’s Office offers assistance to all law enforcement agencies in Cibola County and through the 13th Judicial District. When asked if these services would continue, DDA Martinez wrote, “Yes, absolutely. The 13th Judicial District Attorney’s Office has a [designated] attorney on call each week who is on call 24/7 to assist law enforcement in reviewing search warrants and criminal charges. In addition, the law enforcement community is provided with the direct telephone numbers for the Deputy and Chief Deputy District Attorneys who also provide law enforcement with assistance when requested. Most recently, the 13th Judicial District Attorney’s Office provided training to Grants Police Department regarding warrant writing.”