The city of Española signed off on eight settlement agreements in 2025, paying more than $1.3 million to 30 individuals.
The bulk of these payments went to 23 parties who filed a lawsuit against the city over the closure of the Santa Clara Apartments in November 2022.
By signing the settlement agreements, the parties agree to not pursue any further legal action against the city related to the vicarious events.
Jaclyn Gonzalez and minor child
Lawsuit filed: Jan. 3, 2024, in First Judicial District Court
Settled: June 2025
Settlement amount: Two settlements of $20,000 each
Attorney: Sheri Raphaelson
What happened: On July 23, 2022, Gonzalez was pulled over by Española Police Sgt. Cody Martinez and Officers Eddie Trujillo and Isaiah Gomez. According to the lawsuits filed by Gonzalez and on behalf of the minor child, a Flock Safety camera flagged their vehicle’s license plate as belonging to a stolen vehicle from Rio Rancho.
During the traffic stop, Martinez called dispatch to check the license plate number, but before he got confirmation, he ordered Gonzalez out of the vehicle at gunpoint. After verifying the license plate and vehicle identification number (VIN), officers determined the Flock Safety camera misidentified the vehicle, as the license plate number of Gonzalez’s vehicle and the stolen vehicle from Rio Rancho were different by one character.
During the traffic stop, Trujillo asked the minor child if she had any weapons, placed her in handcuffs and put her in the back of a police vehicle.
“It was negligent for Sergeant Martinez to conduct a traffic stop on Plaintiffs vehicle as the license plate that was displayed on her vehicle did not match the license plate that had been stolen,” the complaint states.
Joseph Medina
Lawsuit filed: Feb. 8, 2024, in First Judicial District Court
Settled: November 2025
Settlement amount: $35,000
Attorney: Parnall Law Firm, LLC
What happened: Medina was injured at the Vietnam Veteran’s Memorial Park on Feb. 21 2023. According to the lawsuit, the city failed to upkeep a pedestrian walkway, causing Medina to fall and suffer an injury.
“Defendant City of Española and their agents and employees had a duty and failed to make a reasonable inspection of the walkway that would have revealed the dangerous condition,” the complaint states.
Santa Clara Apartments
Lawsuit filed: Feb. 27, 2024
Settled: Signed by 23 plaintiffs in July and August 2025
Settlement amount: $800,000
Attorneys: Richard Rosenstock, Daniel Yohalem, Sovereign Hager at NM Center on Law and Poverty
What happened: After a series of inspections by the United States Department of Agriculture, New Mexico State Fire Marshal and Española Fire Department investigator Pablo Montoya, the Santa Clara Apartments were shutdown on Nov. 11, 2022. The plaintiffs filed the lawsuit against owners Bosley Management, the city and the apartment manager Judy Bustamante.
According to the complaint, Bosley failed to keep the apartments safe and in good working order and they did not meet the safety standards of low-income USDA multi-family housing. Issues included dangerous electrical problems, broken doors, lack of fire extinguishers, improper storage of flammable liquids, poorly maintained common areas and non-residents selling drugs and defecating in common areas.
The lawsuit states the city failed to protect the plaintiffs and failed to follow a city ordinance to address nuisance properties and force Bosley to make repairs. The city condemned the building, but failed to give the plaintiffs an opportunity to speak at a hearing to determine the future of the building or force Bosley to make repairs allowing plaintiffs to remain in their homes.
“Defendant City was well aware that Plaintiffs and the other residents of the Santa Clara Apartments had low or no income, included children and disabled persons, and many lacked transportation,” the complaint states. “Defendants also knew there was virtually no other low-income housing available in the Española area and that it would take far more time than 13 or 14 days for Plaintiffs to locate another place to live. Defendant City’s order, issued only days before Thanksgiving and only weeks before the Christmas holidays, did not provide Plaintiffs with ‘reasonable time’ in which to find another place to live.”
Beverly Hedin
Lawsuit filed: May 22, 2024, in First Judicial District Court
Settled: June 20, 2025
Settlement amount: $375,000
Attorneys: The Perrin Law Firm and Clark, Jones, and Ruyle, LLC
What happened: Hedin filed a complaint for damages under the New Mexico Civil Right Act and Tort Claims Act. According to this complaint, officers Adrian Amaya and David Jaramillo engaged in a high speed chase of Joseph Lovato, who they believed was driving a stolen car.
The criminal complaint filed against Lovato regarding the chase states he drove from Española to Santa Fe, reaching speeds of up 120 mph. He T-boned Hedin’s vehicle at the intersection of Guadalupe and Paseo de Peralta.
She faced life-threatening injuries and was taken on a care flight to a hospital in Denver, Colorado, according to Lovato’s criminal complaint.
“The chase was unnecessary, reckless, and conducted outside accepted police practices and procedures,” Hedin’s complaint states. “Officers Amaya and Jaramillo committed torts and created a dangerous situation, and their operation of the police vehicle at the time and place in question was negligent.”
Dennis Murphy, representing the estate of
Mary Garcia
Lawsuit filed: Nov. 7, 2024, in First Judicial District Court
Settled: June 20, 2025
Settlement amount: $22,500
Attorney: Smith & Marjanovic Law, LLC
What happened: Murphy filed a lawsuit against City Clerk Carla Ann Martinez and former New Mexico Department of Public Safety special projects coordinator Daniel Stine regarding an Inspection of Public Records Act request he submitted on Jan. 12, 2024, related to the death of Mary Garcia.
According to a New Mexico State Police report, Española Police officer Jonathan Cruz hit Garcia with his department vehicle while she was crossing State Road 68 on Dec. 29, 2023. She died due to injuries sustained in the crash.
Murphy requested eight types of public records, including diagrams of the accident scene, electronic communications within the police department regarding the incident, Computer-Aided Dispatch (CAD) records, audio recordings, photographs and video and surveillance footage.
“In response, Defendant Martinez provided one document containing the CADs for the date in issue and a brief recording of the same CADs,” the complaint states. “Additionally, Defendant Martinez alleged that Plaintiff had sent the IPRA request to the wrong custodian and that the appropriate entity was the New Mexico State Police.”
Margaret Martinez
Lawsuit filed: N/A
Settled: June 2025
Settlement amount: $15,600
Attorney: N/A
What happened: This settlement lists an event happening on July 2, 2024, but provides no additional details as to what occurred.
Eric Lujan
Lawsuit filed: N/A
Settlement Amount: $35,000
Attorney: N/A
What happened: In May 2025, Española City Council approved a settlement agreement in a 5-3 vote to allow former city manager Eric Lujan to resign from his position on May 30 and work as a special projects coordinator until Sept. 30, 2025.
During this time, he maintained his salary of $109,094.54 a year and benefits, but without accrual of annual, vacation or sick leave.
The Rio Grande SUN calculated his settlement amount based on a 2,080-hour work year and accounting for three holidays during the 84 days he worked as special projects coordinator.