Skip directly to content

Probation Violation Dismissed Against Adrian Trujillo

on December 19, 2017 - 3:49pm

Adrian Trujillo arrives in First Judicial Court Friday for a probation violation hearing as Deputy District Attorney Kent Wahlquist attempts to locate the victim who had been expected to testify at the hearing. Photo by Maire O’Neill/ladailypost.com

 

By MAIRE O’NEILL
Los Alamos Daily Post

A probation violation against Adrian Trujillo, 29, of Hernandez was dismissed Friday by First Judicial District Judge Mary Marlowe Sommer when the victim did not show up in court to testify at the evidentiary.

A report by Probation Officer Gabriel Rodella alleged that Trujillo went to the victim’s place of work Sept. 16 in Pojoaque where he allegedly made contact with her and after she told him he needed to work on his anger management issues, he allegedly struck her left eye with his closed fist.

Trujillo was originally charged in 2015 with false imprisonment, aggravated battery against a household member, assault with intent to commit a felony against a household member, and battery against a household member. In 2016 he was charged with an additional two charges of battery against a household member. The victim in both cases was the woman he allegedly struck during the Sept. 16 incident.

When time came for Friday’s scheduled hearing, Trujillo’s attorney Brad Kirwan told the Court the witness list provided by the State should have included the victim so that he could have deposed her and that he would oppose testimony by anyone not on the witness list.

Deputy District Attorney Kent Wahlquist said the victim’s account was included in the probation report filed by Rodella and that there is no police report because the victim did not contact the police. Wahlquist notified the Court that the victim had not yet arrived for the hearing and that she was running out of gas for her vehicle and awaiting assistance from a relative.

Judge Marlowe Sommer said she would continue the hearing until Monday, however Kirwan reminded her that he would be out of town. At first, Judge Marlowe Sommer agreed to allow Kirwan to interview the victim for 15 minutes after she arrived and when the victim still did not show up, agreed to allow a phone interview.

After a brief recess, Wahlquist informed the Court that the victim was not answering her phone or responding to texts. Judge Marlowe Sommer said probation violation charges were serious accusations and that the victim is not helping herself in the case by showing irresponsibility in how she has approached her court date but that she understands.

Judge Marlowe Sommer dismissed the probation violation charge adding that she didn’t envy Wahlquist’s position. Adult Parole and Probation officials had requested that Trujillo’s probation be revoked on the 2015 and 2016 cases and that he serve the remainder of his term in custody.


Advertisements