Adrian Trujillo listens as his attorney Brad Kirwan questions Los Alamos Police Cpl. Eric Wilhoit Thursday in First Judicial District Court in Santa Fe. Photo by Maire O’Neill/ladailypost.com
Adrian Trujillo, 30, of Hernandez will remain in incarceration until July 16 and receive an unsatisfactory discharge from probation as a result of a ruling handed down by First Judicial District Judge Mary Marlowe Sommer Thursday during a probation violation hearing.
Trujillo was originally charged in 2015 with false imprisonment, aggravated battery against a household member, assault with intent to commit a felony against a household member, and battery against a household member. In 2016 he was charged with an additional two charges of battery against a household member. All Trujillo’s charges involve the same victim.
In September, Trujillo also faced a probation violation hearing after Department of Probation and Parole officials reported that he went to the victim’s place of work in Pojoaque where he struck her in the eye with his closed fist. Judge Marlowe Sommer dismissed the resulting probation violation when the victim did not show up for the evidentiary hearing.
Assistant District Attorney Kent Wahlquist told the Court Thursday that the current allegations are that Trujillo left Rio Arriba County and went to Los Alamos County without permission of probation authorities, had contact with the victim without permission to do so and committed a new criminal offense – battery against a household member.
He said testimony from Trujillo’s probation officer, Gabriel Rodella, clearly established that he was not allowed to leave Rio Arriba County without permission Feb. 6 or have contact with the victim.
Wahlquist said testimony from Los Alamos Police Cpl. Jack Casias, Cpl. Eric Wilhoit and the victim showed that Trujillo was in Los Alamos Feb. 6 at the victim’s house and was clearly in contact with her, which he wasn’t allowed to be. He said Trujillo told police they were arguing, that he denied any sort of physical abuse but that he did admit to the officers that he was having contact with her and that he was there.
Wahlquist said the victim had complained about being kicked, that on the witness stand, she said the bruises were from work but in a previous statement she had said Trujillo kicked her when she was on the couch. The victim indicated on the stand that red marks on her legs shown in photos were from being kicked by Trujillo.
“It is clear that when he kicked her he did so in a rude, insolent or angry manner. This hearing is not beyond a reasonable doubt, it is (about) a reasonable degree of certainty. Did he violate the conditions of probation and it’s clear that he did,” Wahlquist said.
Judge Marlowe Sommer said she found a reasonable certainty that there were three probation violations in the case, that Trujillo had left the county, that he had contact with the victim and that he had battered her.
Wahlquist told the Court Trujillo had until July 16 to serve on his sentence. He asked the Court to impose that sentence and give him an unsatisfactory discharge. He said in December they tried to have a hearing but that the witness did not show up. He said the Court could see that she again didn’t want to appear but that he had been able to issue her a subpoena and make her come.
“These two have such a long history that it’s amazing that one of them hasn’t seen the light, that I don’t want to be around this person anymore. The underlying cases involved (Trujillo) choking (the victim). There was another time when he kicked her down a flight of stairs. She ended up going to the hospital at one point when she was pregnant, she did have that baby and they actually have had a second child together,” Wahlquist said.
“They should not be around each other and he will not learn not only to stay away from (the victim) but he continues to batter her when he’s around her. Yes, she may not be entirely without fault because she wants to be around him for some reason but when he’s around her, he beats her. It happens again and again so he should not have good time and should serve the remainder of his time in incarceration,” Wahlquist said.
Trujillo’s attorney Brad Kirwan said Trujillo has two kids to support and has been in jail since Feb. 6 and that he believed that is enough. He suggested the Court give him credit for the time he was in jail, release him back on probation so that he could find a job and start helping support the kids and respect the court’s wishes to stay away from the victim.
“I’m sure he learned his lesson,” Kirwan said. “I ask that the Court reinstate his probation.”
Judge Marlowe Sommer said she was disappointed she could not send him for a 60-day diagnostic evaluation with the Department of Corrections because the charges were two misdemeanors.
“I am hereby revoking your suspended sentence, I’m revoking your probation, you’re receiving unsatisfactory probation and you’re serving the remainder of your time in incarceration,” she said.
Kirwan asked if she would allow Trujillo to have good time.
“Is this a joke?,” Judge Marlowe Sommer asked. “I’m not going to consider good time. I’d like to send him to prison, so no!”
Trujillo appeared before Los Alamos Magistrate Court Judge Pat Casados Friday morning on the new battery charge. That hearing was continued to April 27.