Stephen Geisik arrives Wednesday afternoon for a probation violation hearing before Judge Jason Lidyard in District Court. Photo by Maire O’Neill/ladailypost.com
First Judicial District Judge Jason Lidyard has order former Los Alamos resident Stephen Geisik, 27, to have a 60-day evaluation in a Department of Corrections facility in Los Lunas before sentencing him.
Geisik was convicted of a probation violation stemming from charges of child abuse filed against him in February by New Mexico State Police.
Assistant District Attorney Kent Wahlquist announced Wednesday at a hearing in Los Alamos that an agreement had been reached on the probation violation that Geisik would admit to “negative contact with a police officer” and that in return, the new charges will be revoked and not filed by the District Attorney’s Office.
Geisik’s attorney Kelly Golightly said the agreement would mean charges against her client and his wife will be dropped. She said she agreed that there is an allegation that is outstanding that Geisik used a belt as discipline and there is photographic evidence of a house “in serious disarray with urine and feces that the photos seem to show in the property”.
“I’m not suggesting the defendant would say there was no problem at all. I just don’t know if the state would actually reach their verdict,” she said.
The probation violation issue arose after Department of Probation and Parole personnel filed records with the Court indicating that Geisik reported to them that the Children Youth and Families Department (CYFD) had visited his residence to check on the welfare of his two children and that they would be visiting again. Jan. 16, the DPP documents indicate he reported to them that he and his family would be moving Jan. 20 to Moriarty, he reported that CYFD and New Mexico State Police had arrived at his residence and removed his two children for a 48-hour period. The report states that CYFD had informed Geisik that he needed to remove two cats from his residence and purchase two new mattresses for his children.
The DPP report states that DPP officials conducted a field call Feb. 22 and Geisik told them he had taken the cats to a shelter and purchased two mattresses and that he was waiting to hear from CYFD. The following day, NMSP arrested him on the new charges.
The new charges are for violating the terms of Geisik’s probation in a 2012 Los Alamos case. In 2012, he was charged in Los Alamos Magistrate Court with five counts of criminal sexual penetration of the first degree of a child under 13 years of age and two counts of contributing to the delinquency of a minor. In June 2012, the case went to First Judicial District Court, but the only charges filed were two criminal sexual contact counts and one count of contributing to the delinquency of a minor on the criminal complaint.
In 2014, a jury found Geisik guilty and Judge Mary Marlowe Sommer sentenced him to 15 years for each of the sexual contact counts but suspended 11 years, three months and a day from each sentence. She gave him an 18-months suspended sentence for the contributing to the delinquency of a minor charge. Geisik ended up serving 364 days in the Los Alamos County Detention Center after receiving credit for two years and nine months of pre-trial detention.
Judge Lidyard asked Wahquist at Wednesday’s hearing what Geisik’s exposure to prison time would be if he was found guilty of the probation violation. Wahlquist said if the Court was to find Geisik violated his probation in an evidentiary hearing his exposure would be until July 6, 2039. Wahlquist said the new offenses of child abuse are based on living conditions and Geisik beating one of his children, possibly two.