EDITORIAL: Adult Child Killer Free on Ankle Monitor, Some Judges Have Failed the City

Albuquerque –

As is now a normal occurrence in Albuquerque, there was a drive-by in downtown Albuquerque at 5th St and Coal Ave SW back on August 18th. The only difference with this case is that it tragically resulted in the death of a 13-year-old boy, Michael Tubb. Another teenager, the 17-year-old driver, was in the car with Michael but was unharmed. You can read more about his here: https://abqraw.com/post/another-teen-killed-in-downtown-shooting-apd-also-confirms-3-dead-in-separate-incident/ and https://abqraw.com/post/one-killed-another-injured-in-early-morning-downtown-shooting/

The man who was charged with the murder is 22-year-old Michael Flores. We learned that Flores is now free to roam the city streets on an ankle monitor. For unknown reasons, Second Judicial District Court Judge Judge Joseph Montano decided this killer is safe to roam our city streets after killing a child.

If Albuquerque is okay with this then, do NOTHING. However, if it angers you, citizens should collectively contact the judges who are responsible for releasing dangerous individuals back into our community with minimal consequences. Voters can make these easy decisions by NOT retaining these judges when its election time. Why citizens continue to retain judges for their bad behavior baffles us.

Anyone from the public can go monitor the courts and take notes on how these judges are behaving with cases if they ever want to learn more. If judges know they are being watched, there might be better decision making when it comes to keeping violent criminals behind bars. The saying elections have consequences is very true when the public constantly retains judges who let these evil monsters back onto our streets. Judges like to blame the legislature for their decisions but that is not being honest. The rules in place are only GUIDES when it comes to their decision making. Judges like to take the easy route instead of making tough decisions. When easy decisions are made the cretins are left to roam the streets freely with barely a consequence.

The New Mexico Supreme Court announced in May 2024 that pretrial rules would be modified to ensure public safety. The revised rules necessitate that courts reevaluate the release conditions of defendants who are arrested for new offenses while awaiting trial. Among the revisions to pretrial procedure include:

People released to await trial on any felony or some misdemeanor charges will be held in jail if rearrested on a felony or certain misdemeanors. That automatic detention will last until a court decides whether to modify the conditions under which a defendant was originally released. Misdemeanor charges subject to the new detention provision include driving while intoxicated (DWI), negligent use of a firearm, aggravated battery, stalking, and domestic violence charges such as battery against a household member. A court must hold an evidentiary hearing if it considers revoking release conditions to hold the defendant in jail pending trial. The defendant can waive such a hearing, however:

Judges must consider whether to modify the restrictions under which a defendant was released from custody if the individual is alleged to have violated those pretrial conditions, such as breaking a house confinement curfew. If a court determines no changes are necessary, it must issue an order explaining the decision. Under previous rules, such a review of pretrial conditions was discretionary.

The revision also states “Another rule revision makes clear that district courts cannot use results from a risk assessment instrument to decide whether a defendant is released or detained pending trial. The purpose of a risk assessment, such as the Public Safety Assessment (PSA), is to help judges set the level of supervision of people placed on pretrial release. The PSA measures the likelihood of re-arrest and failure to appear in court if someone is released. The assessment considers factors such as the defendant’s prior convictions and history of court appearances.”

Simply put, a cold blooded killer does not deserve to be on an ankle monitor enjoying house arrest. The victim’s family deserve assurance of their safety and justice. Michael Flores is the poster boy of being someone who should be held in jail until trial.

Thirteen-year-old Michael Tubb could have been the poster boy for all the good things happening in New Mexico. Instead, his life was cut short when he was shot and killed on August 18th.

Correction: We incorrectly said Judge Montano was a Metro Court Judge. He presides in the Second Judicial Court.