Roosevelt commission approves measures supporting sheriff

PORTALES — Roosevelt County public officials are standing up for their sheriff.

County Commissioners on Friday emerged from a special session to approve measures addressing what they’ve called “frivolous lawsuits” and other complaints against Sheriff Malin Parker.

Commissioners approved county attorney Randy Knudson filing a motion to have a recently filed petition dismissed, as well as asking the petitioners pay county court and attorney fees regarding the petition.

A petition was filed Dec. 2 in district court attempting to remove Parker from his elected position. This followed Hobbs Fifth Judicial District Attorney Dianna Luce’s decision the previous day to not file criminal charges against Parker. The sheriff was being investigated for allegations he lied on an arrest affidavit; the prosecutor found no evidence to support the claims.

The petition, filed by Portales attorney Eric Dixon, stated that five arrest affidavits were signed by Parker that included the statement that the informant in the cases “has in the past proved to give reliable credible information that led to the recovery of thousands of dollars in stolen property and gave information that led to two felony arrests,” when in fact no arrests had been made due to the informant.

The petition was filed on behalf of Cody Banister, Armando Pena — defendants in two of the five cases entailing the alleged false affidavit — and Elsa Hernandez, a relative of Irisema Hernandez.

Irisema Hernandez was killed in a vehicle accident while being pursued by the sheriff’s office. The Hernandez family has filed a lawsuit against Parker, accusing him of not following safe pursuit policy during the incident.

The county’s motion to dismiss stated that New Mexico law states that “the procedure for bringing an accusation seeking removal of an elected official such as Sheriff Malin Parker is by way of grand jury accusation and not by a private citizen filing a petition.”

It’s the second time this month the county has publicly defended its sheriff.

On Dec. 2, the county filed a response to a lawsuit filed by the town of Elida against Parker and the sheriff’s office for interfering in Elida police business.

“Malin Parker is empowered to perform his law enforcement function in any part of this state as part of his official obligations, which he owes to the public and to his constituents,” the county stated.

Elida officials have alleged Parker interfered with Elida police business. That incident stemmed from Parker telling Elida police Chief Joe Alford that he could not have an Elida resident’s dog euthanized without a court order.