Grand jury to decide charge in gun death

Cops and Courts

Ninth Judicial District Attorney Brett Carter said the Mark Madrid case will be sent to a grand jury to determine what charges he should face.
“It could possibly be a first-degree murder, second-degree murder, or voluntary homicide,” Carter said.
Madrid was arrested Monday for open murder in connection with the shooting death of Porfirio “Po” Gonzalez, 53, and wounding of Ernic Perez, 28.
“For the grand jury to find probable cause for first-degree murder, they would have to find the killing was premeditated, which means the killer thought about his actions and weighed the pros and cons of his actions and went ahead and decided to make the decision he was going to kill,” Carter said.
“On a second-degree murder it is a killing in the heat of the moment. For voluntary homicide, the grand jury would have to find that Mr. Madrid was sufficiently provoked by some words or actions of the victim and went ahead with the killing.”
First-degree murder in New Mexico carries a maximum sentence of life in prison with parole eligibility after 30 years. Second-degree murder can bring 15 years and voluntary manslaughter carries a maximum of six years. Carter said because a firearm was used the sentence will be increased by at least one mandatory year in jail and could be increased by as much as one third at the discretion of the judge.
Carter said he expects the Madrid case and last weekend’s Jacob Roberts shooting case won’t go to the grand jury until at least Friday and possibly later.
“We’re waiting to get the complete case file from the Clovis Police Department,” Carter said. “Once we get that we will submit it to the grand jury.”
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District Public Defender Cal Neumann of the 9th Judicial District Public Defender’s Office has announced that one of his attorneys, James Wilson, 42, will be promoted to the rank of Assistant Public Defender 5 — the post held by Charles Plath who has since retired. The position is the highest rank in the district public defender’s office other than Neumann’s.
Wilson said he likes Clovis and after 11 years in the 9th Judicial District, plans to make it his home.
“It is a good, safe place to raise a family,” Wilson said. “I can take a walk with my family late at night, plus it is a religious community.”
Wilson said he is a member of the Church of Jesus Christ of Latter-day Saints.
In his new role, Wilson said he will be qualified to supervise and lead the defense for all criminal cases except capital murders, which are handled by a special unit at the state level.
“Because of the changes going on in this office, I will be a front-line supervisor, a mentor to the younger attorneys, and making sure they are doing their jobs,” Wilson said. “In addition, I will be handling a full caseload and some of the more serious felonies.”

Cops and Courts is compiled by CNJ staff writer Darrell Todd Maurina. He can be contacted at 763-6991 or: