San Miguel County undersheriff, others charged months after brawl
A brawl between two groups at a Valentine’s Day dance ended in misdemeanor charges for five people, including a New Mexico deputy sheriff.
San Miguel County Undersheriff Mike Padilla, whose name is listed as Albert Michael Padilla in court records, has been charged with misdemeanor aggravated battery. Four others, including Padilla’s wife and son, are also facing misdemeanor charges.
The incident took place Feb. 14, but charges were not filed until May 15. Court records show Padilla was not arrested, but was instead issued a summons, a practice that has become more common since the outbreak of the coronavirus.
Padilla has no criminal history, according to court records, and was released on his own recognizance during a June 12 hearing; however, one of the conditions of his release bars him from possessing a firearm.
Padilla’s attorney, Marc Grano, filed a motion June 16 asking the court to allow Padilla to carry a firearm while on duty as a law enforcement officer, which is a requirement of Padilla’s job, according to the motion.
The court denied the motion June 19, stating that, based on the charges and information in the case, the court was not comfortable allowing him to carry a firearm “for any reason.”
Grano refused to be interviewed by phone Monday, and would not answer specific questions regarding Padilla’s employment status with the San Miguel Sheriff’s Office. In an email statement to the Optic, Grano said he was still in the process of reviewing the case.
“There is a constitutionally-mandated presumption of innocence and Mr. Padilla has entered a plea of not guilty,” Grano wrote. “I will continue the review of the initial discovery and conclude my defense investigation in order to adequately protect Mr. Padilla’s rights.”
The fight erupted outside the Historic Serf Theatre Hall on Douglas Avenue just before midnight on Feb. 14. Through multiple witness accounts and surveillance footage from that night, Las Vegas Police determined that one group was standing outside the Serf when Padilla’s group exited the venue. After initially crossing the road, Padilla returned to the Serf and approached one man “fast and aggressively,” according to an LVPD incident report obtained by the Optic.
On Feb. 19, police were granted a search warrant for surveillance video from the night of the fight. According to police, the video shows Padilla approaching the man while pointing at him. As Padilla got closer to the man, the man’s wife stepped between them. As the woman’s right arm made “contact” with Padilla, Padilla’s wife pushed the woman’s arm away, and the woman struck Padilla’s wife “twice with a closed fist,” according to incident reports. Padilla’s son then pushed the woman to the ground, according to police.
The remaining members of both groups began to push and shove each other, and Padilla placed a man in “a headlock from behind,” according to a statement of probable cause filed in San Miguel Magistrate Court. Police also noted “a large laceration” to the forehead of another man.
LVPD officers spoke with Padilla on Feb. 17 at the sheriff’s office, according to the statement of probable cause. Padilla told police he’d “had a little bit to drink,” and admitted that he shoved one man. He also told police that he and his wife left the building through a back door prior to police arriving.
Padilla is charged with misdemeanor aggravated battery with no great bodily harm. He also faces two petty misdemeanor charges for assault (attempted battery), and public affray.
Padilla’s wife was charged with battery and public affray, both petty misdemeanors. His son was charged with two misdemeanor counts of aggravated battery with no great bodily harm, as well as public affray.
Two other people with Padilla that night were charged with misdemeanors as well.
Judge Melanie Rivera and Judge Christian Montaño have recused themselves from the case, and on May 19, Santa Fe County Magistrate Judge George Anaya Jr. was assigned to the case.
A special prosecutor was also assigned to avoid conflicts of interest. Timothy Rose from the Tenth Judicial District is now representing the state.
Padilla is scheduled to appear in Magistrate Court Sept. 11 for a status hearing.
