We’re in a difficult position, Rio Arriba County.
The big city daily called for our sheriff’s head in an editorial last month. They’re demanding he resign. They’re looking at his exit as a solution to a systemic problem. This is clearly a case of “be careful what you wish for.”
Three deputies at the Sheriff’s Office agree. They were so upset over the entire Española City Police and Taos County Sheriff’s Office raid on the Rio Arriba County Sheriff’s Office they filed tort claims last week. The did so simply because leadership was lacking, perhaps at all three agencies involved.
It goes without saying when you have three law enforcement agencies on one scene, measuring sticks will be produced and egos will run roughshod over common sense.
Rio Arriba County Sheriff James Lujan has ridden his already tarnished reputation down through many offenses, including assaulting a man for displaying a Mexican flag to defending an untrained deputy who tazered a high school teen, through cell phone search warrant stand-offs with city police.
He showed up clearly drunk at a city police stand-off with his buddy Phil Chacon and tried to take over the scene. We won’t replay his many personal legal issues and lawsuits against the County here. There are many.
We won’t relive his interactions with city police when they executed a search warrant on City Councilor John Vigil to take his cell phone.
The sheriff has problems. But he should not resign.
This falls under “be careful what you wish for.”
Should Lujan resign, serving in his stead, until the Rio Arriba County Commission selected his replacement, would be Under-sheriff Martin Trujillo. Look up “clueless” in the dictionary and you’ll find Martin’s picture.
Throughout all of the Sheriff’s problems and interactions with other law enforcement agencies Trujillo was the gasoline on Lujan’s fire. Trujillo’s answer to a lawful warrant being served was repeating the phrase, “It’s our house.” That made sense to him.
When Taos Sheriff’s Office deputies aided Española City Police officers in executing a search warrant Trujillo’s response to that legal document was “shut up.” When the detective told Trujillo, “I don’t work for you. You don’t speak that way to me,” Trujillo responded with “shut up.” Then he told the Taos County deputy to shut up.
He’s either stuck in a loop or stopped maturing at age 9. We do not want our temporary sheriff to be someone who thinks “shut up” is a negotiating tool or effective communication.
He is also the Einstein who called for Rio Arriba County deputies to come to an already very tense scene prepared for a fight. Again, not a leader, not in control, not respectful of the law.
New Mexico State Statute 4-41-9 reads:
“Powers of deputy sheriff.
“Deputies are authorized to discharge all the duties that belong to the office of sheriff that may be placed under their charge by their principals, with the same effect as though they were executed by the respective sheriffs. If there is a vacancy in the office of sheriff, the highest-ranking deputy sheriff or under-sheriff, who is qualified to hold the office of sheriff, shall exercise the powers of sheriff until a sheriff is appointed and qualified.”
So we would have Trujillo as our new sheriff until Rio Arriba County commissioners agreed on a new appointment to serve the remaining two-plus years of Lujan’s term. State statute 10-3-3 reads:
“Vacancy in county office; appointment.
“Whenever any vacancy in any county office in any of the counties of this state, other than a vacancy in the office of county commissioner, occurs by reason of death, resignation or otherwise, it is the duty of the board of county commissioners of the county where such vacancy has occurred to fill the vacancy by appointment, and the appointee shall be entitled to hold the office until the end of the unexpired term of office.”
What if they can’t agree on a new appointment? What if Trujillo can deliver the votes and they want him to remain as sheriff? What if they bring in their own political appointment who can help them in their respective re-election campaigns?
Historically, when the sheriff terms out of office, the under-sheriff runs and hires his former boss to be under sheriff. We could have the same team in reversed positions. Lujan could be hired as under sheriff and just move his belongings across the hall.
In short, should Lujan resign or be removed, we may be wading out into deeper water. We agree he’s failed as a sheriff, leader and law enforcement officer but it’s Rio Arriba County, sheriff’s are notoriously unqualified with questionable ethics.
There are clearly other senior officers, or perhaps one of these deputies who filed the tort claim, who have the smarts, training, ethics and common sense to replace Lujan. The question is, would County commissioners possess these same skills and make a correct choice, not a political one?
Again, this is Rio Arriba County.