Supreme Court upholds overturned conviction of Portales man

SANTA FE — The New Mexico Supreme Court on Thursday ruled a Portales man’s conviction for fleeing law enforcement was correctly overturned because the law enforcement vehicle involved in the pursuit wasn’t adequately marked.

The case of Roy Montano was combined with a similar case against William Daniel Martinez of San Juan County.

Montano and Martinez were charged for aggravated fleeing a law enforcement officer in 2013 and 2014, respectively. Both defendants argued the sport utility vehicles that chased them bore no decals, insignia or lettering to identify them as law enforcement vehicles. The charge requires the accused drive recklessly after being signaled to stop during a pursuit by a “uniformed law enforcement officer in an appropriately marked law enforcement vehicle.”

• Martinez’ case was dismissed in district court, but the state appealed and the Court of Appeals reversed the dismissal and ruled Martinez was pursued by an “appropriately marked law enforcement vehicle.”

• Montano was convicted in district court, but the appeals court overturned the conviction because the pursuing Curry County sheriff’s deputy was wearing civilian clothes that “did not constitute a uniform” at the time of the stop.

In the majority opinion written by Justice Michael E. Vigil, the court looked at “uniform” and “appropriately marked” and found that neither case met the statutory requirements.

“Activating the red and blue LED lights and siren ... does not automatically transform an unmarked police vehicle into a marked police vehicle,” Vigil wrote.

Eric Dixon, Montano’s attorney, said he was pleased with the decision in a release to The News.

“This is a safety issue to prevent people from misidentifying themselves as police officers,” Dixon said. “There is no way to tell whether an officer in pursuit in an unmarked vehicle in street clothes is an officer or not. This decision will protect the public.”

Chief Justice Judith Nakamura wrote in dissent, noting the court’s strict interpretation could allow offenders to evade vehicles they know to be law enforcement and later feign ignorance because a vehicle lacked decals and insignia they’d have never seen anyway.

“Defendants may never be in a position to see markings on the body of a pursuing vehicle, particularly at night, given that this will usually entail a law enforcement vehicle following behind a defendant’s vehicle,” Nakamura wrote. “Nevertheless, the majority insists that ‘appropriately marked’ must include prominent insignias, logos, or decals on the body of the vehicle itself, rather than emergency lights, sirens, or other ‘signaling’ equipment. The distinction is perplexing.”

Following Montano’s 2017 death, which was unrelated to the charge, the court appointed a substitute defendant so the appeal could continue. The court is given such latitude when it believes a ruling is in the best interest of society.