Court says trial of sheriff’s deputy for DWI can continue

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. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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