Published Oct 16, 2008
Despite frantic calls from St. Vincent Hospital, the Rio Arriba County Sheriff’s Department refused to immediately investigate a near-fatal battery Monday night and then assigned the case to an uncertified deputy, according to the Sheriff’s Department and State Police.
Bobby Rodriguez, 51, was found suffering from a gash to the back of his head and a wound to one eye at about 9:30 p.m. outside his girlfriend’s North Prince Drive home north of Española. He was transported to St. Vincent Hospital in Santa Fe for treatment of his injuries, according to dispatch logs and Rodriguez’s girlfriend, Kimberly Sandman.
Sandman told dispatchers it appeared Rodriguez was beat up, logs state.
“He had a cut on his face and a big cut on the back of his head,” Sandman said Tuesday. “911 told me to get a rag or something because of the bleeding.”
State Police Sgt. Mitchell Maestas said St. Vincent Hospital called State Police’s 911 dispatch center saying Rodriguez was likely to die, and the Sheriff’s Department advised they were “too busy” on other calls and would follow up on the incident the next day. The hospital personnel said Rodriguez was expected to die within four hours and his family was repeatedly calling to inquire about his condition, Maestas said.
Hospital staff further advised State Police dispatchers that it appeared the Sheriff’s Department did not want to handle the case, adding that if Rodriguez died, “from a medical standpoint they believe it will be a murder.”
Dispatch logs from the Española/Rio Arriba County 911 Center also record that St. Vincent personnel contacted them with concerns Rodriguez might die.
“St. (Vincent) calling every agency to let them know we aren’t handling this call,” the logs state.
A State Police dispatcher contacted the 911 Center requesting a phone number for Sheriff Joe Mascarenas, saying the hospital was requesting it and needed the sheriff to call “ASAP.”
Despite the confusion, State Police said Tuesday that the Sheriff’s Department was investigating Rodriguez’s apparent beating. St. Vincent Hospital staff said Wednesday (10/15) morning that Rodriguez was in the intensive care unit.
The deputy who took the original report on the battery, Billy Merrifield, said early in the day Tuesday that he couldn’t comment on the case, referring questions to Lt. Manuel Valdez, who was on vacation.
Later in the day, Merrifield said he was investigating the battery and conducting interviews, but would not comment further.
The Department’s only detective, Wayne Salazar, said he was not investigating the case. Merrifield is not only not a detective, he is also not a certified law enforcement officer. He is currently appealing the Law Enforcement Academy Board’s decision not to admit him into the Academy to be certified (see story page A9).
Mascarenas did not return multiple calls for comment.