ALBUQUERQUE, N.M. (KRQE) – In September 2017, James Marc Beverly was charged with criminal sexual contact of a young girl, and now the case against him is dead.
According to court documents, Bernalillo County prosecutors sent the case against Beverly to a grand jury in December. The jury returned a “No Bill,” meaning prosecutors failed to convince the jury to indict Beverly.
Days before, they filed for a ‘Rule 60’, which dropped all charges against Beverly, because they almost missed a court deadline.
KRQE News 13 repeatedly asked the spokesperson for District Attorney Raul Torrez, Michael Patrick, why they dropped charges against Beverly, what happened during the grand jury proceedings for them to not return an indictment, and if they’re pursuing any action to reopen the case.
Patrick only said “no comment.”
This is not the first time Beverly has been accused of a sex crime involving children.
Beverly was a convicted sex offender out of Utah where authorities say he was charged for soliciting sex from a 13-year-old girl online. They say he tried to meet her at a high school before realizing it was actually the FBI.
A Utah judge agreed to overturn the conviction on a technicality.
When Beverly moved to New Mexico in 2005, the Department of Public Safety told him he did not have to register as a sex offender.
Thirteen years later, he still will not have to register as a sex offender because of the DA’s failure.
“All too often we see situations where the people who are responsible for harming our children are not held accountable for what they’re doing,” said Children, Youth, and Families Department Secretary Monique Jacobson.
Jacobson says when cases like this happen, and accused predators do not have to register as sex offenders, it puts more children at risk.
“If there’s any area where that information is missing or is not equipping the people hiring these people with the information they need to know, [like] if this person should be working with children, it certainly can create a dangerous situation for our children,” said Jacobson.