7-17-2023 11:59am

Alamogordo Police Department Press Conference Details Officer Ferguson’s Passing Updated 11:45 am Monday

Chris Edwards Editor

Alamogordo Police Chief David Kunihiro began the brief interview expressing thanks for the support from the community and the local faith community. AlamogordoTownNews.com

A press conference was held at the Alamogordo Police Department at 11 am Monday 7-17-23 to discuss developments around the sad death of Officer Ferguson. Several Police leaders and the chief of police was on the stand along with Mayor Susan Payne, the acting city manager and key staff members.

Alamogordo Police Chief David Kunihiro began the brief interview expressing thanks for the support from the community and the local faith community. The chief reviewed the events that unfolded and complimented the staff at Gerald Champion Hospital, the staff of the trauma center in El Paso, the air flight crew and the police department of El Paso for their efforts to save Officer Ferguson.

The Chief explained that more information will be posted on the Alamogordo Police Department’s Facebook Page concerning the memorial route, the convoy will take to honor Officer Ferguson and to bring him home.

Check the Alamogordo Police Facebook page for information as it becomes available.

Visible shaken up the leadership of the Alamogordo Police Department showed professionalism, respect and restraint in comments around this grave and needless tragedy.

Mayor Susan Payne then took the podium.

Mayor Payne expressed grief, explaining a mothers relationship with her son, and the grief, the Ferguson family is experiencing.

She asked that the community be respectful, especially on social media, and not allow frustration and anger to prevail.

She asked to respect Officer Ferguson’s memory, and challenge state law makers to change the lax release laws that exist that created the problem of “catch and release” leading to an epidemic of crime in New Mexico and close to home as witnessed by this tragic death.

Mayor Payne asked that this death “not be made into a political fight between Republicans and Democrats, but become a rallying point in Officer Ferguson’s memory” to support public safety and challenge state law makers to strengthen the support for police and repeal or modify catch and release.

Mayor Payne visibly shaken was composed and restrained, yet impassioned in her plea for civil dialog for change.

An overview of the New Mexico “catch and release laws.

In New Mexico, those charged with a misdemeanor cannot be held without a hearing and conditions of release (non-monetary) which must be set within three days by a judge. For those charged with a felony, it is incumbent upon prosecutors to file a detention request in district court and to prove by clear and convincing evidence dangerousness and flight risk to hold a defendant, and that no release conditions will reasonably protect the safety of any other person or the community.

If the judge feels evidence doesn’t meet the burden, the defendant is released on conditions set by a district court judge whose determination is final subject to appeal by either party. However, because of this constitutional authority, prosecutors can request and district judges have the authority to order pretrial detention of dangerous defendants, no matter how much money they can pay for a bond.

Judges also have the explicit authority to revoke pretrial release for defendants who commit new crimes or violate other restrictions while released.

Bail reform was very aggressively brought to New Mexico by the late Supreme Court Justice Charles Daniels and attorney Artie Pepin.

The rallying cry from them was that 30-40 percent of county jail inmates were in custody simply and only because of an inability to post a bond set by the judge.

Their solution was to immediately get rid of secured bail (cash bond), replace it with pretrial services workers, release virtually everyone from custody on a promise-to-appear citation and this is all very nicely backed by the Arnold Risk Assessment Tool.

Essentially, what Justice Daniels and Artie Pepin did was create a problem that didn’t exist and followed up quickly with their own solution

. What started as a “pilot project” has turned into a failed social experiment that continues to this day.

The right to bail is not a new concept and was clearly spoken about in the United States Constitution and the New Mexico Constitution. These constitutions say bail by sufficient surety, meaning the founding fathers meant exactly that, bail, this is sufficient to ensure the appearance of an accused person.

Not following the constitution has allowed and encouraged less than sufficient bail, setting up our current system of “catch and release."

AlamogordoTownNews Commentary on Catch and Release related to violent crime:

There is nothing sufficient about releasing repeat offenders, career criminals, violent offenders, those passing through town, the homeless, those with extensive failures to appear and anyone else with nothing in place to assure accountability and appearance in court.

The 2022 New Mexico legislature could have made meaningful improvements, but didn’t, in spite of many politicians (past and present) calling for “tough on crime” legislation.

The government’s main responsibility is to protect its citizens, but bail reform — propped up by the Arnold Risk Assessment Tool — has done the exact opposite. There is no secret as to what needs to happen to end “catch and release." Bail reform needs to be repealed by the voters and the Arnold Risk Assessment Tool needs to be sent back to where it came from. The hands of the judges need to be untied. Require the judges to once again do their own individual risk assessment.

Bail decisions should be made based on the level of violence in the crime, criminal history, past failures to appear and other important factors that would add accountability back into the system.

Anything short of this and the crime saga and needless risk to law enforcement and society will continue in New Mexico, as witnessed this weekend with the tragic death of Officer Ferguson in Alamogordo.

Positive comments are coming into AlamogordoTownNews.com and KALHRadio.org in memory of Officer Ferguson.

We encourage those on social media to follow Mayor Payne’s advice and write an email to your state Senators, House members and the Governor. Additionally let’s be kind to one another and post positive memories in honor of the family, officers and friends that are grieving.

A few nice thoughts…

"It's painful right now that it had to be Officer Ferguson. It should not be anyone. You probably already know he's the first Alamogordo police officer to get killed on duty since 2016. I just pray he's the last,"

“He's been doing this for 11 years. This is what he loved to do. He cared about his Alamogordo community," - family friend.

"I can't put into words the relationship we had. He was genuine and a good spirit. He will be missed.”

"He is the guy that we all strive to be,” said a fellow officer, broken up when discussing the loss.

Governor Michelle Lujan Grisham - “An Alamogordo police officer was shot in the line of duty. My thoughts and prayers are with his family, and the law enforcement community during this trying and emotional time.”

“Representative Gabe Vasquez- “My heart is heavy with the loss of Officer Ferguson of the Alamogordo Police Department. My deepest condolences to his family, friends and fellow officers. His selfless dedication to protecting our community will never be forgotten.”

Yvette Herrell - “Today we mourn the loss of Alamogordo's Officer Anthony Ferguson. A life tragically cut short by the hands of a dangerous criminal, absolute evil and someone who should have never been on our streets. We will never forget his service to our community and we will honor his memory. Join me praying for him, his family, and the entire Alamogordo Police Department.”

The Democratic Party of Otero County -"The Democratic Party of Otero County would like to express our deepest condolences to the loved ones of Fallen Officer Anthony Ferguson. We would also like to express our support to the Alamogordo Police Department, surrounding Law Enforcement Agencies, and the family and friends who are processing and grieving the loss of Officer Ferguson. We thank Officer Anthony Ferguson for his service to the community, and the courage he had to take on such a difficult and dangerous profession to protect the citizens of Alamogordo. One of the most honorable actions one can take is to place themselves in front of danger to protect others. We are deeply saddened by the loss of yet another great officer.

Lastly, we would like to make it known that we are here to help in any way possible. With great respect."

At AlamogordoTownNews.com and KALHRadio.org we will continue to update the public on activities around remembering Office Ferguson, community support and of course any statements from public officials or law enforcement as they become available. On behalf of Rene Sepulveda, Anthony Lucero, myself and the staff of volunteers at KALHRadio.org and AlamogordoTownNews.com we grieve along with you and hope for community unity during this dark week of mourning.

A link to listen to the press conference via KALHRadio.org podcast is below…

https://open.spotify.com/episode/6So1I1I7N4QlosnmWrZrVj?si=g3WMQcUURzSP…

Listen to KALHRadio.org news updates as news happens, analysis and live music “the soundtrack of your life” streaming at

https://station.voscast.com/5b01bba90dce3