The District Attorney’s Office argues it did not “sweep under the rug” its prosecution of an Española Jail guard who was accused of raping an inmate.
Mario Esparza, the lawyer representing the rape victim, had told the SUN last week he planned to ask federal authorities to “possibly look into the matter” because he felt the District Attorney’s office has neglected to prosecute. Esparza secured a $250,000 settlement for his client from the city of Española last month after threatening to file a civil lawsuit.
The victim, a 20-year-old woman, had been detoxed at the Jail and released Nov. 14.
Then-guard Joey Montoya was still on duty when he offered her a ride, then allegedly had sex with her in El Llano after stopping on the way home.
Montoya was charged with criminal sexual penetration and intimidation of a witness, but Deputy District Attorney Doug Couleur dropped those charges Nov. 30, according to an online court records database. Esparza said Couleur dismissed the case without discussing the decision with him or with the victim.
“Like lots of things in Española, it’s getting swept under the rug,” Esparza said.
But Couleur said he met personally with the woman and her father Feb. 1 in Santa Fe to explain why his office would not prosecute the case.
“I wouldn’t say they were happy about it, but I explained our decision not to prosecute,” Couleur said. “We discussed all the evidence, and I think they understood.”
Under the statute used to charge Montoya, the victim would have had to be an inmate in a correctional facility and the suspect a person in a position of authority over her. Couleur said after reviewing jail security tapes, reviewing statements and interviewing jail staff, there was insufficient evidence that the woman was in lawful custody when the incident allegedly took place.
Although the alleged sexual encounter took place outside the Jail, Couleur had said before dropping the charges that the woman may still have been under “constructive custody,” which according to state law refers to prisoners who are temporarily out of jail. Couleur said Monday establishing constructive custody would have required a “clear expectation” that she would return to jail.
Montoya and his supervisor the day of the incident, Joel Vigil, were fired after the incident.
Esparza did not return calls for comment Monday.