ALBUQUERQUE — A political novice who lost his bid for the New Mexico Statehouse and is accused of orchestrating a series of drive-by shootings at the homes of Democratic officials will remain in custody pending trial, a judge said on Monday has agreed that he is a danger to the community.
Solomon Peña, 39, faces multiple counts including shooting at an apartment and possession of a firearm by a criminal.
No one was hurt in the shootings, but the case has reignited debate over whether lawmakers should make it harder for people charged with violent crimes to post bail as New Mexico struggles with persistent violent crime.
Peña’s defense attorney questioned the credibility of a confidential witness who shared information with authorities, saying some of the testimonies used in a criminal complaint were contradictory. She also argued that her client’s criminal record did not include any violent convictions or firearms crimes and that he has not been in trouble with the law since his release from prison in 2016, barring two trafficking allegations.
Prosecutors outlined Peña’s time in prison, describing him as the “leader” of a group he assembled to shoot at people’s homes and saying ballistics tests showed that a firearm found in the trunk of one registered on Peña cars found has been linked to at least one shooting. Another man was found driving that car and arrested on an unrelated warrant.
State District Judge David Murphy agreed with the prosecutors, citing the nature and circumstances of the allegations and that elected officials appeared to be the target of at least intimidation or, at worst, harm.
Authorities arrested Peña on January 9 and charged him with paying a father and son and two other unidentified men to shoot at officers’ homes between early December and early January. The shootings followed his unsuccessful Republican bid for a district long considered a Democratic stronghold. He claimed the election had been rigged.
Police are also investigating donations to Peña’s campaign, including a donation from one of the men accused of conspiring with him and the man’s mother. Detectives said they learned through interviewing witnesses that Peña allegedly arranged with an unknown source to have that source forward donations to his campaign on behalf of others.
Investigators said they are trying to determine if the money came from drug trafficking.
Court records show that Peña was jailed for several years after she was arrested in 2007 in connection with what authorities described as violent attempted retail store burglary. His voting rights were restored upon completion of the probationary period in 2021.
An assessment that takes into account his criminal record and several other factors makes recommendations for the amount of pre-trial surveillance Peña should have, but Murphy agreed with prosecutors to leave him incarcerated.
The risk assessment tool has been the focus of much criticism as the public urged Democratic lawmakers and Gov. Michelle Lujan Grisham to consider changes in Albuquerque’s ongoing fight to tackle persistent violent crime and what many perceive as a “revolving door” in the criminal justice system.
New Mexico Supreme Court Administrators have defended the tool, which is being developed by the Arnold Foundation and deployed in dozens of jurisdictions across the United States
Susan Montoya Bryan is a reporter at the Associated Press.
Read others:
