Court cancels warrant for mother accused of violating custody order
The search for two children has ended after the mother contacted the court through her attorney. The court has also canceled the arrest warrant for the mother.
Lexus Eversole, 25, of Sapello, was wanted by the San Miguel County Sheriff’s Office for allegedly failing to turn her two children, ages 7 and 3, over to their father under the terms of a “safety plan” put in place by the New Mexico Children, Youth and Families Department. However, Magistrate Judge Melanie Rivera on Tuesday canceled the arrest warrant.
Eversole filed a motion with the court — through her attorney Marc Grano — on Oct. 5 asking that the arrest warrant be canceled and that she be released on her own recognizance. The motion cited several factors and questioned the enforceability of the CYFD safety plan at the center of the two felony counts of custodial interference filed against Eversole on Sept. 28.
The arrest affidavit, filed in San Miguel Magistrate Court, stated that Eversole had not handed the children off to their father on Sept. 19 as required by the safety plan. However, the motion filed by Grano asserts that the safety plan is not a court order and was entered into voluntarily by Eversole.
“The alleged order in this matter (safety plan) is NOT an order and is instead a voluntary agreement, which has expired,” the motion stated. “The allegation is based on a faulty investigation and incorrect assumption that there is a ‘custody determination’ regarding the children.”
The motion also contends that Eversole was unaware charges had been filed against her, and that she didn’t know a warrant had been issued for her arrest. It noted that when she learned of the charges and the warrant, she contacted the court through her attorney.
It further cites pending civil litigation regarding custody of the children, and that Eversole has no felony criminal history and has strong ties to the community.
Also noted in the motion is the domestic violence history of the father, 25-year-old Jose K. Eversole, who was convicted in September 2019 of misdemeanor aggravated battery of a household member for choking Lexus during a July 2019 dispute. The motion stated that Lexus lives “in fear for the safety and well-being of both herself and her children.”
Lexus filed for divorce in May 2020. The suit is ongoing.
Judge Rivera ordered the cancellation of the warrant on Tuesday. A motion hearing and a first appearance hearing for Lexus have been scheduled for Oct. 28 in Magistrate Court.
