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Twice in a 10-day period last March, court records claim Gene Anaya was literally hell on wheels.
His case is an example of how differently state and federal judicial systems deal with the controversial issue of pre-trial detention – and how they differ when it comes to determining who is putting the security of the community at risk.
Anaya, who had no criminal record, was arrested by Albuquerque police on March 3 after driving up to his apartment manager in his car and hitting her just inches away, police witnesses said.
Gene Anaya
He was charged with aggravated assault with a lethal weapon and was on trial pending trial.
But that didn’t seem to slow him down.
Nine days later, Anaya jumped behind the wheel of a black Ram pickup truck parked in the parking lot of a Mac’s Diner in 6217 East Central, according to a criminal complaint.
The truck owner, who had been waiting in front of his truck for a meal order, ran after the departing truck and managed to get into the truck’s cab while sitting on Anaya in the driver’s seat.
As the two battled for control of the steering wheel, Anaya drove the truck into oncoming traffic in the Central Avenue lanes heading west while the owner managed to depress the brake pedal. The fight ended when the truck hit a concrete center strip, the complaint said.
No one was injured, but Anaya allegedly ran away from the scene and was later arrested by Albuquerque police – the second time in 10 days.
His second arrest did not convince a district judge on March 17 that Anaya was dangerous and should be jailed on new charges, including robbery.
Anaya was due for conditional release when federal agents brought car theft charges in connection with the truck robbery on March 18. He has been in jail ever since.
Last week, US judge Laura Fashing examined the same criminal charges against Anaya and found that he posed a threat to public safety. Fashing ordered him to face federal auto theft charges in federal custody.
“Driving into oncoming traffic and hitting a concrete barrier is as pretty dangerous as it gets. He is a danger not only to the victim, but to the general public, ”argued US Attorney General Stephen White at a custody hearing on Monday.
Federal penalties tougher
The office of Bernalillo District Attorney Raúl Torrez reached out to federal authorities to reimburse Anaya as part of a year-long program that has moved the prosecution of more than 500 legitimate defendants to the federal system. Often times, when cases are eligible as federal offenses, the penalties are harsher and the chances of keeping a defendant in custody are better, prosecutors say.
In the case of Anaya, Torrez’s office did not require him to remain in prison after his first arrest. But after the March 12 truck theft, Torrez’s office filed an application for pre-trial detention in a state court, stating, “The defendant has a very recent history of risking the lives of others.”
The motion partially cited the March 3 incident involving Anaya’s apartment manager.
“He was arrested because he deliberately drove his vehicle into another person – and stopped only centimeters away,” said the detention request.
Anaya yelled at his apartment manager that afternoon, got into a vehicle at the complex in 321 Tennessee NE, and then drove at “high speed straight to” the manager, who a. there was a state criminal complaint in the parking lot.
“She was unable to evade Gene’s itinerary (and believed Gene would meet her,” the complaint said.
He stopped just inches from her position, got out of his vehicle and began arguing and “poking her with his chest.” He told her he was a federal agent and said “she was getting involved in a federal investigation”. He also told APD officials who arrived on the scene that they disrupted a federal investigation.
Anaya was arrested for assault and aggression with a lethal weapon that resulted from the incident.
After attempting to steal the ram truck, the prosecutor’s detention motion claimed, “There are no conditions for release that ensure the safety of the community.”
“This situation could easily have been fatal if there had been an accident with other cars on the road,” says the detention application. “It is clear that the defendant has no regard for the safety of others, especially when driving.”
The court records do not contain a written response from Anaya’s attorney to the detention request.
District Judge Bruce C. Fox denied the motion on March 17, placing Anaya on pending trial instead. Anaya should refrain from drugs, stay away from witnesses, and check with the court investigative authorities.
The next day, prosecutors dropped the state charges so that US prosecutors could file the car theft case.
An FBI task force officer in Albuquerque filed the federal criminal complaint and arrest warrant holding Anaya in federal custody. Anaya was officially arrested in October.
Detained pending trial
Meanwhile, on October 7, state District Judge Joseph Montano dismissed the previous aggravated assault charges, ruling that Anaya was incompetent to stand trial.
At a custody hearing on Monday on the federal car theft charges, federal investigative authorities recommended that Anaya be held in custody.
Anaya’s federal defender, Angelica Hall, told Fashing on Monday that her client had a history of substance abuse but went through a detox process at the Metropolitan Detention Center. He was also given psychotropic medication, she said.
“As for the safety concerns of the (federal) preliminary investigation service,” she said, “he now has medication and I think he is doing very well at the moment.” He would like to be hospitalized, she added, but there is a waiting list.
Fashing found in her ruling that the government had “strong evidence” against Anaya. Her arrest warrant also cited a history of violence, alcohol and drug abuse, and Anaya’s previous attempt to evade a police officer.
“And I am very concerned that he committed this crime while on (pre-trial) custody for another crime,” said Fashing. “That doesn’t bode well. I find through clear and convincing evidence that there are no conditions or combinations of conditions that can reasonably ensure the safety of the community. “
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