A G Torrez Takes Over Two Violent Crime Cases from District Attorney Bernadine Martin After Her Failure to Prosecute

Attorney General Raúl Torrez has directed special prosecutors at the New Mexico Department of Justice (NMDOJ) to take over the prosecution of two cases involving defendants accused of rape and murder after McKinley County District Attorney Bernadine Martin dismissed the cases citing conflicts of interest, but failed to refer them to an outside prosecuting authority.

The NMDOJ also filed a motion for expedited discovery with the New Mexico Supreme Court requesting that the McKinley County District Attorney’s Office provide all information regarding case dismissals and declinations since January 1, 2021. In support of the motion, the NMDOJ asserts that this failure to prosecute not only endangers the community by allowing repeat offenders to continue committing crimes, but also risks justice slipping away altogether. Statutes of limitation may be running out, while victims and witnesses face fading memories, waning participation or even disappearance. Each day that passes makes it harder to secure accountability and protect public safety.

The two cases at issue include State v. Valentino Roderick Johnson, an October 2023 case alleging criminal sexual penetration, driving while intoxicated and other charges, and State v. Tyson Long, a case from December of 2022 alleging an open count of murder.

“Our top priority is ensuring that victims of violent crime are never denied their day in court,” said Attorney General Raúl Torrez. “The decision to dismiss these cases without properly referring them to another prosecutor jeopardized not only the pursuit of justice for the victims and their families, but also the safety of our communities. By stepping in immediately, we are making sure these cases move forward and sending a clear message: no victim in New Mexico will be abandoned, and no community will be left unprotected.

“Recognizing the gravity of this situation, we have also taken the extraordinary step of asking the Supreme Court to order expedited discovery so that we can determine how pervasive this problem is and how many other conflict cases may be languishing inside DA Martin’s office,” added AG Torrez.

State v. Valentino Roderick Johnson:

On October 28, 2023, McKinley County Sheriff’s deputies responded to a car crash in which they discovered Valentino Roderick Johnson – who they identified as being heavily intoxicated – after a passerby reported a damaged vehicle in a ditch with legs hanging out of the driver’s side door. The passerby reported that when he attempted to help, he found Johnson on top of a woman in the car who was screaming for help and banging on the horn. The woman told police she had tried to get out of the car after a crash but was grabbed, thrown into the driver’s seat and raped. Officers on the scene arrested Johnson and found an open container of whiskey in the front seat.

Johnson ultimately registered a 0.24 blood alcohol content (BAC) on an administered breathalyzer exam and faced six criminal charges including criminal sexual penetration, aggravated battery, false imprisonment, aggravated DWI, reckless driving and possessing an open container. The DA’s office filed the case on October 30, 2023 and a judge found probable cause, but a week later, on November 6, 2023, DA Martin dismissed the case, citing conflict of interest. DA Martin has indicated the defendant is a friend of her children.

“Whether it was negligent or intentional, I find it unacceptable that DA Martin dismissed this case [Valentino Roderick Johnson] due to a personal connection to the suspect and it was never refiled,” said McKinley County Sheriff James Maiorano III. “The victim in this case deserves better, the deputies that worked this case deserve better, and the community deserves better. We are thankful to the NMDOJ for helping us to seek justice.”

State v. Tyson Long:

On December 6, 2022, Gallup Police Officers arrived at the scene of a homicide where an unidentified deceased male was found under a bridge with multiple gunshot wounds to the head and torso. Officers surveyed security footage in the area and identified two vehicles in the area at the alleged time of the incident, along with individuals getting in and out of the vehicles before a truck left the scene at a high rate of speed.

Tyson Long was seen approaching and confronting the victim with a gun just before shots were fired and then rapidly fleeing and getting into one of the two vehicles that then fled the area.

“Our first and foremost priority is the individuals who are victims in these cases and that they get the justice they deserve,”said Gallup Chief of Police Erin Toadlena-Pablo. “We appreciate that the Attorney General is looking into these cases further, including the reasons for the dismissals, bringing the cases back up – and filing them. We are appreciative of the assistance we are getting in these cases that we lost communication on with the DA’s office.”

Motion for Expedited Discovery (Includes Interrogatories)

Last week, Attorney General Torrez petitioned for removal of DA Martin after a detailed investigation by the NMDOJ. The writ for removal is still pending in the New Mexico Supreme Court. The NMDOJ will also be filing an amended writ for removal with the New Mexico Supreme Court citing this newly-acquired information.

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