FARMINGTON, N.M. (AP) - A judge has ordered a New Mexico man charged in a deadly shooting released from jail after ruling that prosecutors did not meet the burden of proof to hold him without bond.
Isiah Ontiveros, 18, is charged with first-degree murder and tampering with evidence in the death of Nathaniel Tracy in Farmington last month, the Farmington Daily Times reported Sunday.
San Juan County Chief Deputy District Attorney Dustin O’Brien said Ontiveros should have been kept in jail pending trial, but the judge disagreed.
The only evidence authorities had against Ontiveros was a witness statement, but the judge determined the witness was not credible, public defender Shellie Patscheck said.
The arresting documents for Ontiveros were recently unsealed following his conditional release late last month. The judge had sealed the narrative portion of the affidavit to protect the identity of witnesses, according to statements in a March 22 hearing.
Police allege that Ontiveros shot the 31-year-old victim once during a fight on March 5, according to the documents.
The witness had told authorities that Ontiveros and another man drove up and confronted Tracy on a street, leading to the fight.
Ontiveros and the second man, who has not been charged, told authorities three different versions of the encounter with Tracy, according to the documents. The first version claimed Tracy confronted them and he was shot after reaching into their car. The second version claimed Ontiveros shot Tracy because he was reaching for something in his pocket. The third version claimed the shooting was an accident.
Ontiveros’ preliminary hearing is scheduled for April 29.
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Information from: The Daily Times, http://www.daily-times.com
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