What started as an Ojo Sarco man passed out and slumped over on the curb turned into felony charges, including charges for indecent exposure and battery on an officer.
Española City Police Officer J. Quintana charged Lucas Martinez, 36, with disorderly conduct, concealing identity, criminal damage to property over $1,000, battery on an officer, assault on an officer, indecent exposure and four counts of resisting arrest on June 29.
Quintana wrote in a criminal complaint that he was sent to the Dollar Tree for a man passed out, lying slumped over the curb. Martinez told him he had seizures and that is why he was slumped over. Quintana repeatedly asked Martinez for his name and date of birth and the man “proceeded to act in an aggressive manner” telling the officer to leave him alone and that he did not want to talk to him. He then yelled and cursed at the medics. When he stood up, Quintana saw alcohol containers on the ground, in Martinez’s hand and in his pocket.
After he continuously refused to cooperate with medics, Quintana threatened to arrest him for disorderly conduct for not giving the medics his personal information, he wrote, then proceeded to arrest him, even though he was the one who provoked the behavior for which Martinez was arrested.
After arresting him on the misdemeanor instead of issuing a summons or citation, he took him to the hospital, where Martinez allegedly broke the railing to the bed he was handcuffed to, cutting the control panel and wiring to the bed, an estimated $4,000 in damages, before fleeing, Quintana wrote.
He then found Martinez running with his pants down past the Española Elementary on Coronado Avenue. Quintana arrested him a second time and took him back to the hospital, where he allegedly threatened to beat up Quintana and told him that he did not “know who my family is.”
After Martinez was cleared for jail, he was taken to the holding cells at the police station, where he allegedly kicked Quintana in the leg.
He was ordered released and to report to pre-trial services for supervision. Prosecutors asked for a 30-day extension on the case, pushing out a preliminary hearing to Sept. 24.