Alamogordo Man Held Without Bail on Child Sex Abuse Charge

ALAMOGORDO, N.M. — A 40-year-old Alamogordo man will stay in jail until trial on a charge that he sexually abused his 3-year-old daughter. A district judge found that no conditions of release would keep the community safe.

District Judge Daniel Bryant bound Amos Muncy over for trial on one count of criminal sexual contact of a child under 13, a second-degree felony. Muncy waived his right to a preliminary hearing. At the end of an Aug. 24 hearing, Bryant ordered him held without bail, and he filed his written findings on Sept. 11. If Muncy is convicted, he faces up to 15 years in prison.

In his dangerousness order, Bryant called the evidence against Muncy very strong. He gave significant weight to Muncy's criminal history. In 2012, Muncy pleaded guilty in Sierra County to raping and sexually abusing an 11-year-old girl. The judge noted that Muncy had gone through sex offender supervision and treatment and is now accused of a similar offense against a much younger child. "This is alarming," Bryant wrote.

The allegations

According to an arrest warrant affidavit filed by Otero County Sheriff's Office Sgt. Robert Welles, the girl's mother told investigators she woke up to find Muncy touching the child, who was asleep between them. The mother said she grabbed a machete and ordered him out of the house. She said Muncy claimed he had not realized where his hands were.

The mother did not call police. According to the affidavit, she told investigators she did not want to make things harder for her daughter, who is very attached to Muncy.

The investigation started Aug. 21, after the state Children, Youth and Families Department sent the sheriff's office a tip it had received three days earlier. Welles filed the warrant on Aug. 22, and Muncy was arrested on Aug. 24. He has been in custody since.

Prior conviction

In the 2012 case, the victim told a Truth or Consequences detective that Muncy, her stepfather, had repeatedly sexually abused her for about two years, starting when she was 11. Muncy received the mandatory minimum sentence of three years in prison, with the rest of his sentence suspended. He was discharged from probation in 2020.

Next steps

Prosecutors have asked the court to schedule a trial, which they expect to last three days. No hearing dates have been set.

The charges are allegations, and Muncy is presumed innocent unless proven guilty in court.

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