SANTA FE (AP) – The state Supreme Court has rejected a sheriff deputy’s claim of double jeopardy in a DWI case.
The Santa Fe New Mexican reports that a state Supreme Court justice wrote Monday that it is difficult to piece together exactly what happened after Rio Arriba County Sheriff’s Deputy Abraham Baca of Canjilon was arrested on suspicion of aggravated DWI five years ago.
Documentation about the case’s dismissal in a lower court is incomplete and the judge later said he would not have acquitted Baca without more evidence.
The District Court says the dismissal was a matter of procedural error and that Baca is not being made to stand trial twice for the same crime.
Baca’s attorney Ben A. Ortega says he will ask the U.S. Supreme Court to review the case.