Judge: Sheriff did not have authority to takeover jail

Doña Ana County Sheriff Enrique “Kiki” Vigil did not have the authority to take over jail operations last December, ruled District Judge Manuel Arrieta Tuesday.

The ruling was announced during Tuesday’s County Commissioners meeting. The ruling was based on the county’s motion for summary judgement.

The temporary jail takeover happened last December after Jail Director Chris Barela was arrested on embezzlement charges. Sheriff Vigil said at the time he had no choice but to take over the jail.

A video of the Dec. 8 temporary takeover obtained by ABC-7, shows a couple of sheriff’s units driving up to the back of the jail around 8:30 p.m. At least a dozen unarmed deputies, some wearing tactical gear, stand outside. About an hour later, they enter the jail in an orderly fashion.

In a press conference the following morning, Vigil was served with a temporary restraining order by County Manager Julia Brown, ending his short takeover.

Although the court had ordered a temporary restraining order last December, it was not permanent. Tuesday’s ruling is a permanent order on that issue.

Judge Arrieta also ruled the Sheriff does not have the authority to take over operations of the jail in the future.

The ruling was made from the bench. The bounty is waiting on a written order.

The court requested that the county’s attorney, David Lutz, prepare an order which is to be submitted to the court within 10 days.

ABC-7 spoke with Sheriff Vigil in a recorded telephone interview following the ruling. He said he is disappointed by the judge’s decision, but will abide by it.

“It is what it is,” said Vigil. He added, “I was only there to prevent any disturbance or riot, and also to secure a crime scene where there search warrants being executed at the time.”

He added that his attorney is considering legal options.

The county could pursue criminal charges against the Sheriff, although no specifics were given by the county attorney.

ABC-7 has reached out to County Manager Julia Brown, but has yet to hear back.

As for Jail Director Chris Barela, the charges against him have since been dropped. Barela settled with Dona Ana County for $201,000.

In return, Barela cannot sue the county for anything related to the December arrest.