Judge drops reckless use of vehicle charge in case against Silver City D.A.
A Las Cruces judge dropped one of five charges in a case against the Silver City district attorney suspected of driving her state vehicle erratically in June 2016.
Francesca Estevez, the sixth judicial district attorney, represents Grant, Hidalgo and Luna Counties.
According to records, a private citizen noticed Estevez’s vehicle swerving between lanes on June 11, 2016. When officers pulled Estevez over, one can be heard on camera saying she was “loaded,” but a toxicology test was never conducted and local charges were never filed.
“She asked the officer repeatedly if she’s under investigation,” said Peter Valencia, assistant attorney general. “The officers take her drink from her and won’t let her drink from it.”
“Nowhere anywhere in that stop did they tell her that she was being accused or detained for a crime,” said Jim Foy, the attorney representing Estevez.
A year later, the office of New Mexico’s attorney general filed five criminal charges Estevez, including three counts of violating ethical principles of public service as well as one count each of prohibited political activities and reckless driving.
“It’s evident that these officers were subverted into not charging the defendant with anything, because they didn’t want to get in trouble for anything,” Valencia said.
The state accused Estevez of repeatedly calling the officer she came into contact with and asking if she was facing charges.
“If someone’s going to be charged with careless or reckless driving… the person has a lawful opportunity to call and ask about that,” Foy said. “She was advised by the chief not to call anymore and didn’t.”
Prosecutors also accused Estevez of intimidating an officer by calling him a “nazi.”
“She didn’t directly, at any time, ever talk to him about being a racist or not,” Foy said. “I believe that they haven’t even met the level of a pattern of misconduct.”
Judge Douglas Driggers ultimately dropped count five, which is the reckless use of a vehicle charge. Driggers will also preside over the jury trial, which should be in mid-June, Foy said.
