An informational police report was taken regarding the March 1 incident of a man accused of harassing the Española city manager’s partner. According to court records, criminal charges have not been filed against the man.
The incident occurred at the Centennial Mariachi Concert Fundraiser for the city’s upcoming 100-year celebration. It gained public attention when police lapel camera footage of the aftermath was posted on YouTube.
The video shows City Manager Eric Lujan speaking with police officers about a man, later identified as Andrew Herrera, whom he accuses of bothering his partner. Mayor John Ramon Vigil also appears in the video.
Throughout the video, Herrera tells officers that he called Lujan’s partner a “ho.”
Herrera said in a previous telephone interview that his issues with Lujan began last year, after he made many phone calls to the city regarding the Veteran’s Memorial Wall and its lack of cleanliness.
Several days after the footage was released online, Herrera’s attorney Ramón Soto sent a letter addressed to Vigil and City Clerk Carla Martinez, notifying them about the possible filing of a lawsuit. According to the letter, the actions of Lujan, police officers and city officials violated Herrera’s First Amendment rights.
Herrera did not return a phone call seeking information regarding the status of a possible tort claim or existence of a criminal complaint.
Vigil said he was unsure whether formal charges had been filed against Herrera as of Monday.
The informational police report, dated March 28, is missing information. The report lists the 911 call as having occurred at 8:38 p.m. March 1, but the complainant name, date of birth, phone number and address are blank.
The report, written by Officer Shaun Olson, also does not list the name of Lujan’s partner, who is the alleged victim of the harassing behavior.
“Andrew also advised us he has a history with the City Manager and the Mayor,” the report said. “Andrew also advised us he saw Eric Lujan’s wife unknown name giving him dirty looks.”
According to the report, Olson did tell Herrera to leave, but Sergeant Isaiah Anaya later told Herrera he could stay.
Herrera provided the SUN with screenshots of a message from Detective Dwayne Epling, who provided his phone number and asked to speak with him so that he could “personally hear (his) side of what took place the first part of this month in reference to Eric Lujan’s girlfriend,” the message said.