7/2/09
An involuntary manslaughter case that has languished for almost a year and a half was kept from a grand jury proceeding after the defense provided exculpatory evidence to the District Attorney’s office, according to Santa Fe attorney Steven Farber.
The case against Julio Gurule, 20, of Chimayó, was set to go to grand jury March 11, Farber said. After Gurule received what is called the target letter, advising him that a grand jury would be considering his case for indictment, Farber sent the District Attorney’s office a response asking that certain exculpatory evidence and witnesses be presented at the grand jury proceeding, he said. Exculpatory evidence is evidence that is used to clear a defendant of guilt.
In that response, Farber was relying on a state Supreme Court opinion handed down this January that set out specific procedures that a “target,” or potential defendant who has not yet been indicted, can use in making sure exculpatory evidence isn’t excluded from grand jury hearings. The opinion, known as Jones v. Murdoch, states that the target or target’s attorney can alert the prosecutor in writing to exculpatory evidence. If the prosecutor chooses not to make the grand jury aware of all the evidence, a hearing may be held for both sides to argue the matter.
Justice Patricio Serna’s opinion reflected concern for potential defendants’ reputations and a desire to head off false accusations.
“A post-indictment remedy may be inadequate to cure the very real damage that an ill-advised indictment may inflict on a target’s reputation even if the indictment is later dismissed or if the accused is innocent,” Serna wrote in the opinion.
Farber wanted the prosecution to present tape recordings of witness statements and call in each of the police officers involved in the case, rather than using the testimony of only one officer (presumably the case agent, State Police criminal agent Larry Aguirre).
“I wanted to have presented to the grand jury all the police officers who were available to testify about the truly traumatic circumstances for my client and for all those who were involved, and who would also show to the grand jury that there was no hostility, upset, anger, intoxication or anything like that in the room where the shotgun was discharged,” Farber said.
The Crime
Gurule allegedly shot and killed 25-year-old Moises Martinez Feb. 22, 2008, according to court documents. Martinez and four other people were at the Chimayó home of a friend of Gurule’s, getting ready to go shooting, when Martinez tried to take a .30-.30 lever action rifle from Gurule.
Gurule accidentally shot him, documents state.
Gurule initially lied and told police he was a witness. He then claimed that the incident happened outside on State Road 76, before finally telling the version of events that was corroborated by witnesses.
Gurule was charged in Rio Arriba County Magistrate Court with involuntary manslaughter and tampering with evidence for hiding the rifle. But then-chief deputy district attorney A.J. Salazar dismissed the charges in May 2008, saying the case would be presented at a preliminary hearing. Salazar left his position when new District Attorney Spence Pacheco took office at the beginning of 2009, and there was no activity on the Gurule case.
Farber said after the district attorney’s office received his response to the target notice, Gurule’s case was not presented to a grand jury and at this time no future grand jury hearing has been set. Instead, Farber said he and prosecutors will probably reach a “resolution” of the case sometime in July. He did not say whether that meant his client would enter a plea.
Tim Hasson, the assistant district attorney handling the case, did not return numerous calls.
Pacheco did not return a call seeking comment.