ALBUQUERQUE (KRQE) – An Albuquerque man fought hard to be let out of jail on a murder charge.
He got what he wanted, but now he’s back in jail for trying to have sex with a 13-year-old.
Bernalillo County Sheriff’s Deputies arrested Walter Brown in Albuquerque on Wednesday morning. They say for weeks he sent sexual communications to who he thought was a teenager.
But as he’s also facing a murder trial, some are wondering why he was allowed out in the first place.
Deputies walked Walter Brown into the Prisoner Transport Center on Wednesday morning in downtown Albuquerque after arresting him on charges of criminal sexual communications with a minor and attempt to commit criminal sexual penetration of a minor.
Brown didn’t say anything to KRQE News 13’s camera Wednesday when asked what happened, if he thinks he should still be out of jail or if he had anything to say about the charges against him.
But while Brown was silent, the Bernalillo County Sheriff’s Department had a lot to say about his arrest, mainly because of his history.
“This is an individual that has gone through the court systems, is out on release right now, should be on his best behavior and here again this individual goes out and re-offends with a 13-year-old girl,” said Sgt. Aaron Williamson with the Bernalillo County Sheriff’s Department.
“We’re just happy to have him off the streets,” said Williamson.
The latest criminal complaint against Brown details that he sent naked photos and explicit text messages to what he thought was a 13-year-old girl.
However, this isn’t Brown’s first arrest. Brown was first locked up in 2011 when he was arrested for stabbing a man in the heart and killing him inside a southeast Albuquerque home.
While many might think Brown would still be in jail, Brown’s stay at the Bernalillo County Metropolitan Detention Center was cut short. That’s because his attorneys argued that court psychologists approved him for pre-trial release and that his $250,000 bond was unconstitutional.
Brown’s attorneys took it all the way to the New Mexico State Supreme Court and won. The court ordered Brown’s bond lowered and he got out in April.
Brown is still awaiting trial for the stabbing and court documents show there are problems with the case.
In 2013, a judge threw out Brown’s confession to the stabbing, saying he doesn’t have the mental capacity to understand his own rights and didn’t when Albuquerque Police officers interviewed him. Brown’s IQ is 70, what some doctors consider to be a level of mental retardation.
Brown’s confession won’t be heard in trial.
While he’s back behind bars now, it’s unclear how long he’ll stay there.
“He had every intention of coming and picking up the 13-year-old girl and carrying out the things that he had talked to her about over the last two weeks in his text messages and emails,” said Sgt. Williamson.
Before his most recent arrest, Brown’s attorney’s argued to the state Supreme Court that there was no indication he would commit new crimes if released.
The Bernalillo County District Attorney’s office sent News 13 a statement Wednesday about Brown’s latest arrest:
“Due to the serious nature of the allegations against Mr. Brown, our office previously argued that he not be released during the pendency of this case. On appeal, the (New Mexico) Supreme Court ordered that Mr. Brown be released and under the supervision of (Bernalillo County) Pretrial Services. Based on the defendant’s new arrest, our office plans to file a motion with the court to review his conditions of release.”