Attorney: Charges dropped against ex-Clovis cop

Criminal charges against a Clovis police officer involved in a fatal vehicle accident in 2010 were dropped Friday, according to the officer's attorney.

Attorney Dan Lindsey said Judge Teddy Hartley dropped charges after ruling interference in grand jury deliberations.

Officer Stephen Gallegos, no longer with the Clovis Police Department, was indicted in January 2011 on charges of vehicular homicide and causing great bodily injury. The charges stemmed from a November 2010 accident in which investigators said Gallegos ran a stop sign in his police cruiser and crashed into a vehicle.

Mary Castillo, the passenger in the other vehicle, was killed, while driver Edith Payton was seriously injured.

Last month, defense attorney Lindsey asked Judge Hartley to dismiss charges against Gallegos on grounds 9th Judicial District Attorney Matt Chandler interfered with grand jury deliberations.

Lindsey said the jury originally submitted a verdict of "no probable cause" on the vehicular homicide charge, but changed the verdict after Chandler — who has since removed his office from prosecution of the case — spoke with the jury about deliberations.

"The grand jury laws in New Mexico have been clear for decades," Lindsey said on Friday night. "You don't ask them how they vote, ever. It opens up the possibility of grand jury abuse. When you know how grand juries vote, you can remove them from the next panel. That's why the rule's there."

Chandler said he does not believe he did anything wrong during the grand jury proceedings, but said the case was unique.

"I have never had grand jurors argue in front of me," Chandler said on Friday night. When they began to debate the case in front of him, Chandler said he asked them to return to deliberations.

"I don't believe we did anything malicious," he said.

But Chandler said the 10th Judicial District — which is now handling the case — will decide what happens next since the case was moved on a change of venue.

Lindsey said he didn't feel Chandler intended to tamper with the jury, but any mistake in the court system is to be borne by the government and not a citizen who has the presumption of innocence.

"I'm sure it was an honest mistake," Lindsey said, "but the end result was they found a no bill … and went back in with a finding of probable cause."

Attempts to contact Hartley on Friday night were unsuccessful.

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