Pecos man arrested a second time for violating restraining order
New Mexico State Police have arrested a man for violating a restraining order for the second time in five weeks.
Police first arrested Bernie Lopez, 71, of Pecos, in early September, and charged him with aggravated stalking for violating a restraining order issued in April. Last week, Lopez was arrested a second time for violating the same restraining order.
In late April, one of Lopez’s neighbors filed for a restraining order against Lopez. Her civil complaint cites several contentious run-ins with Lopez dating back to August 2017.
The civil complaint alleges that Lopez has shouted vulgarities at her; that he once threatened to release a “vicious” pit bull to attack her dogs; that Lopez has placed railroad ties in front of her driveway, preventing her from using it; that Lopez threatened her with a mallet; and that on two separate occasions, Lopez threatened to shoot the woman and her dogs.
Judge Gerald Baca issued a temporary restraining order against Lopez on April 23. The order states Lopez must stay at least 50 yards from the victim, that Lopez is not allowed on her property and that he is not to have any contact with her.
According to court records, Lopez alleges the woman harasses him with her dogs, and that she is laying claim to a road easement that is used by everyone with homes in the area. However, court records show Lopez did not attend the April 23 hearing despite being notified in advance.
Lopez was present for an August hearing where Judge Baca ordered the case be heard by a third-party mediator. During the hearing, Lopez asked the court for a restraining order against the woman. Judge Baca denied the request, but did order both parties to not have any contact with each other.
On the evening of Sept. 7, NMSP responded to a call at the victim’s home. According to a criminal complaint filed in San Miguel Magistrate Court, the woman told police Lopez had placed a note near her home the prior night which stated that if she stopped killing his cats, he wouldn’t poison her dogs.
Police also viewed video footage that showed Lopez verbally attacking the woman, shouting “Heil Hitler,” along with what the criminal complaint described as “other inappropriate phrases in Spanish.”
Lopez was arrested and charged with a fourth-degree felony count of aggravated stalking, and Judge Christian Montaño set Lopez’s bond at $10,000.
NMSP again responded to a call from the woman on Oct. 7. According to a second criminal complaint filed in San Miguel Magistrate Court, she told police that Lopez and a woman had been standing next to her fence, and that Lopez had shouted insults at her.
Police again arrested Lopez for violation of the restraining order, charging him with another fourth-degree felony count of aggravated stalking.
Lopez was booked into the San Miguel County Detention Center later that evening, and Judge Montaño set his bond at $10,000.
Lopez remained in SMCDC as of this writing.
He is scheduled to appear in Magistrate Court Oct. 22.
