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This will be the longest Mayor ‘s Report I’ve written or will write. I work for you and this affects you. It’s important and you need to know.
On Wednesday, July 27, 2005, Chief Robert Bird and I met with District Attorney (DA) Scott Key in a two hour meeting. During that meeting, we agreed the conversation should be confidential so we could speak franidy and we spoke franidy. I thought we had this ironed out.
On Friday, October 28, 2005, Chief Bird and Officer Haskins were served with “Target” letters with intent to indict them via the Lincoln County Grand Jury on charges of extortion, conspiracy to commit extortion, tampering with evidence, and assisting in a probation violation, charges stemming from the July 6, 2005, drug arrest at the Shell station. This move freed me to tell you the story.
On July 7, 2003, Hall’s Automotive, and Christ Community Church were burglarized. A pistol was taken from Hall’s and a computer from the church. In a signed statement to police from the Lincoln County Jail, Ten Sullivan said Dean Shelby asked her to drive the car while he burglarized the church. She said Shelby took the computer to a house in Capitan and traded it for illegal drugs. (Statement to police from Ten Sullivan, 2003) On July 17, 2003, the police ran a warrant and the owner of the house was arrested and the computer recovered. No charges were filed on Shelby.
On August 28, 2003, Ronnie Hammett told Police Chief Chuck George and I the night of Hall’s burglary Dean Shelby brought him a Ruger pistol stolen from Hall’s. Hanimett recovered the pistol for Chief George and told him he had fenced the stolen pistol in Capitan and gave the name of the fence.
On February 27, 2003, the District Attorney’s office took the burglary cases of the church and Hall’s from the Capitan police. In a letter from the DA, they told Capitan, “We will, of course, keep you informed as to the progress of the investigation, upon your request.” (Letter from ADA Pam Dobbs, 2/27/03)
On June 14, 2005, a no bond warrant was issued by Jon Lund, Probation and Parole for Dean Shelby for probation violation. Shelby was listed as “a risk to the public”. (Warrant #12b05-29) Shelby’s probation was revoked and he was booked into the Lincoln County Jail on June 24, 2005. Later he was released on “furlough” to go to Albuquerque because his son was having surgery for a gunshot wound to his hand.
July 5, 2005, while out of jail on furlough, Dean Shelby was reportedly racing around Smokey Bear Blvd. According to witnesses, he hit speeds in excess of 70 MPH. He ran from the police, lost control of his vehicle, and ran down a stop sign. He jumped from his wrecked sports car and lead police on a foot chase ending with cops pulling him from under a house at gun point. Officers say Shelby begged not to go to jail arid began to tell the cops who is selling drugs in Capitan. Police report Shelby told them he was ordered by a drug taskforce officer, “Not to talk to the Chief of Police in Capitan.” When questioned what the agent meant, Shelby said, “not to give any narcotics information to Chief Bird”. Shelby told police “...he had witnessed and participated in the smoking of Mar with Agent in the past.” (Capitan Police Memo Report, 7/14/05)
Shelby made a phone call setting up his drug connection from Alamogordo and on July 6, 2005, three suspects were arrested by Capitan Police delivering Meth at the Shell parking lot. Unbeknownst to Capitan Officers, also on July 6, 2005, Probation Officer Lund issued an arrest warrant for Shelby. At 3:26 p.m. Officer Lund faxes the warrant to the Lincoln County jail. The warrant read, “The offender’s detention is necessary due to the following reason(s), a risk to self a risk to public, multiple or repeated violations of supervision conditions and risk of absconding. “ (Warrant # 12 B 0536)
Chief Bird talked to Probation Officer Lund and was told to have Shelby come see Lund on the morning of July 7, 2005. Officer Lund met with Shelby and released him to return home. Shelby then went into hiding and was sought by police for escape.
On Wednesday, July 27, 2005, while Shelby was at large, the information that a witness to the July 2003 burglary of Hall’s Automotive was talking to police, becomes public. (July 27, 2005, Ruidoso News) On Friday July 29, 2005, Ronnie Hammett, the witness is found dead from a gun shot wound to the head. The only one in the room when Ronnie was killed is the stepson of the man Hammett pointed out to Chief George and I as being the fence of the pistol stolen from Hall’s on July 7, 2003. According to police, Capitan Officer Randy Haskins was the first at the scene. The fence’s stepson, the only witness to the shooting, began yelling at officers to get out because they do not have a warrant.
While this is going on retired Sheriff Tom Sullivan writes the Ruidoso News and says, “In a twist of fate, when the Nightcrawler was arrested in Capitan for DWI, speeding, running down a stop sign and fleeing, he squealed like a pig, setting up one of his drug sources and revealing the name of his law enforcement connection. I understand this information has been passed on to the DA.” Sheriff Sullivan also refers to what Shelby told cops on July 6 after his arrest, “I also know there was a leak in the task force concerning the Nightcrawier.” (Tom Sullivan, letter to editor, Ruidoso News, 8/12/05)
It’s not just the cops wondering about DA Key, “...I called your office three days before the nightcrawler did his wild 70 mph ride through our streets with our children playing and over our stop signs, and your office denies ever of hearing of this nightcrawler! I was told by your office that this jerk has a clean past! Might I suggest a career change for you? (sic)”
(Fred Chaney, letter to editor, Ruidoso News, 8/12/05)
DA Key refused to prosecute the dealers arrested on July 6, 2005, with two (2) ounces of Meth and launched an investigation on Police Officers. Key used State Police Investigator John Barnes to gather information that Key would later turn over to Shelby’s attorney. Shelby’s attorney used that information to sue the village. No other conclusion can be drawn when Shelby’s attorney Adam Raficin’s letter of intent to sue contains information that could’ve only come from Key. Rafkin words such as, “The subsequent investigation by the State...” and “during the investigation...” and “during an investigation initiated by the office of the District Attorney...” convicts Key. (Raficin, letter to Village on behalf of Shelby, 8/3/05)
On August 8, 2005, the District Attorneys office wrote me asking for information on the Hall’s and church cases. I responded, “In the seventeen months since the District Attorney took over the case all investigation concerning the burglar, the burglar has set up a drug deal, where police arrested three suspects delivering 2 ounces of Meth, the District Attorney has released all three suspects arrested in the drug delivery, in order to gain creditability the District Attorney made the burglar a victim by saying the police “assisted in a probation violation” and began an investigation of the arresting officers, Christ Community Church has lost their computer to the drug taskforce, the burglar who was allowed out of jail on ‘furlough” is not a fugitive, while a fugitive through his attorney the burglar has sent the Village of Capitan a letter stating his intent to sue and according to the attorneys letter that information was received from the investigation “initiated by the Office of the District Attorney “, the witness willing to test in the church burglary has moved away, and the witness in the burglary of Hall Automotive two days after his involvement in the case became known was shot and killed” (Letter from Sederwall to DA, 8/23/05)
Thinking back on the July 27, 2005 meeting with Key I wondered what his concerns were when he ducked his head and said, “I know you are checking my background.” Chief Bird acknowledged he did in fact check Key’s background and the room became icy. What Bird knew that I didn’t was that in November 1994, Scott Key had pled guilty to Battery on his stepchild. Key was clearly upset that Bird knew of his criminal charge. (Alamogordo News, 1994 story by Jack Moore)
During that meeting Key smirked at Chief Bird and said, “That dope was not from there, you imported that Meth.” Was his light so dim he thinks Shelby could pick up the phone and call 1 -800-I-Need-Dope and these guys would drive an hour to deliver to someone they had not dealt with in the past? You’d have to be an idiot to think that.
Key also indicated he had a problem with Chief Bird hiring Officer Randy Haskins. I questioned Key saying, “if Haskins has done something illegal tell me and I’ll drop him in the grease.” Key would never tell me what his heartburn was with Haskins. Then I remembered Key’s letter in response to Capitan’s attorney Prelo, “Although you do not mention it in your letter, a side issue that the Chief seems to be challenging this office on, is the Village hiring of Randy Haskins.” (Key letter, 7/21/05) It became clear, Key hated the fact that Bird was, “challenging his office” on the hiring of Haskins and key saw Bird was not backing down.
It’s not just Bird and Capitan having trouble with Key. I understand Key will not take cases from Bob Layher of the Ruidoso Police Department because he was not aware of a court date and missed court.
Chief George has also had problems with Key. In the spring of 2003, Chief George saw a suspect that looked like a composite of a bank robber out of Roswell and ended up arresting Donald Goode from a house he broke into. Goode, a felon, with a nasty track record, had a pistol, $600 cash and a stolen U-Haul, so his car was towed. Inspector Ernest Gallegos of APD called wanting the car out of the police impound. Inspector Gallegos turned out not to be a cop but a felon whose picture showed up on the Albuquerque news for killing a man and was a co-conspirator of Goode’s in a (yeah, you guessed it) robbery. DA Key wouldn’t file the gun or burglary cases. However, ATF convicted Goode this year for being a felon in possession of a firearm. Gallegos was arrested for homicide in Mexico. ATF reported to Chief George the pistol the felon Goode had when arrested belonged to Dean Shelby’s mother. Police say she claimed to know nothing about it but wouldn’t file charges on Goode.
Chief Howard of Carrizozo had a robbery at the Outpost. The suspects, with long rap sheets, warrants and a pistol and money under the seat were released by DA Key but not before he gave them the money stolen from the Outpost.
Is it a coincidence while Shelby’s at large with the cops searching for him, the witness pointing to him the burglar of Hall’s is shot in the head? Is it a coincidence the fence’s stepson is present when Ronnie Hammett is shot? Do you fmd it strange the only witness to the shooting of Hammett would yell at cops wanting them to leave?
Questions remain; why does Key not want to prosecute the drug dealers arrested on July 6 With their rap sheets why were they on the streets and not in jail? Why did Key use the State police and give the information to Shelby’s attorney to sue the Village? Why would Key free felons that robbed the Outpost and give them the money? Why is Shelby not held accountable and in front of the Grand Jury being asked about a dirty cop, if that is true?
Four officers were present when the drug deal was being set up with Shelby, but only two received target letters, Officer Haskins (that Key did not want Capitan to hire) and Chief Bird who would not allow Key to back him down. Key turned the case over to Terry Hakke of Carlsbad and now suddenly. Scott Stover out of Lovington has the case. Did Hakke not want any part of Key’s vendetta?
On November 10, 2005, the case will go before the Grand Jury and I’m sure Key will ensure only one side, - his side - is told. If these officers are indicted, you’ll be without a police department. This is not a fight that affects all of Otero and Lincoln County. It’s time we stand up to DA Key. Speak your peace, write a letter to the paper, yell from the radio, call your Governor or do it all.
Mr. Key, on October 8, 2005, the same Capitan cops you wish to indict for arresting drug dealers stood over the lifeless body of a 14 year old Capitan boy, who died of a Heroin over dose. We don’t grow poppies in Capitan; someone had to “import” that Heroin. Had our police had their hand in it the scumbags would’ve been arrested and I’m sure you would’ve released them but our 14 year old would still be alive. Why don’t you indict who imported the Heroin that killed one of our kids? Mr. Key, you can handcuff good cops but you’re dead wrong and it doesn’t change the fact imported drugs caused the death of one our children.