08/04/2017 Ar 1 08-04-17:03 4 PAK 4+ Clovis DA Back Line (a0o1/008 DA-Portales 1878-356-400 ev 6 STATE OF NEW MEXICO. . COUNTY OF ROOSEVELT al . IN THE NINTH JUDICIAL DISTRICT COURT 2 AUG -4 PH 3:29 * STATE OF NEW MEXICO’ SANDI TAYLOR D-911-LR-2017-00002 D-911-CR-2017-00117 ORDER DENYING STATE’S MOTION FOR PRETRIAL DETENTION ORDER SETTING CONDITIONS OF RELEASE ‘THIS MATTER came before the Court on the State's Motion for Pretrial Detention Hearing filed July 27, 2017 and heard August 3, 2017. The State was represented by District Attomey, ‘Andrea Recb. Defendants were present and represented by Tye C. Hannon, Thee Court having. reviewed the Pleadings, exhibits, testimony, arguments of counsel, the law, and being otherwise fully advised hereby FINDS and ORDERS as follows: 1. Defendant Sandi Teylor is charged in D-911-CR-2017-117 with Abuse of a Child Resulting in Death, a first degree felony, and Abuse of a Child, Resulting in Great Bodily Harm, a first degree felony, 2. Defendant Mary Taylor is charged in D-911~-CR-2017-118 with Abuse of a Child Resulting in Death, a first degree felony, and Abuse of a Child, Resulting in Great Bodily Hann, a first degree felony. 3. Probable cause was found for the arrest of Defendants on July 25, 2017. 4, This case was indicted following the hearing on August 3, 2017, and this Order will be filed In the District Court Cause Numbers as well. 5. Athearing, the Court heard testimony ftom Portales Police Officer Amador Lujan, Portales Police Detective Sergeant Nate Hyde, Victim Advocate Christy Kincade, Erika Tafoya, 106/0¢/2017 PRE 18:54 FAX +++ Clovis DA ok Line gnozs008 08-04-17; 09: 40FM; DA-Portales 1875-356-4990 ous Mother of Maliayh Jones, decessed, Rosella Galvan, Tafoya’s Aunt, and Pasty Dodge, sister to Mary Taylor and Aunt to Sandi Taylor. 6, Lapel/body camera footage. was admitted at hearing from Officer Amador. Lujan (State's 2) and Andrew Olivas (State's 1). 7, Defendants operated Taylor Tots Daycare, where Jones and Loya were placed, 8. On July 25, 2017, Jones and Loya wera left in « black SUV at the Daycare unattended, Temperatures on that day were reported at 91°. 9. Jones died and Loya has sustained injuries which inelude brain damage, according to testimony. 10, Testimony elicited inconsistencies in statements regarding the length of time the children ‘wore left in the car, 11, Officer Lujan testified EMS was initially dispatched regarding 2-children having seizures. 12, Defendants have no criminal history outside of these offenses. 13, Defendants have significant ties to the community. 14, CYED lias revoked the daycare license for Taylor Tots. 15. Defendants face a minimum, mandatory, sentence of 18-yeers on each count. See §31-18- 15, NMSA. ANALYSIS 16, The State raises its motion pursuant to Article. 1. Section 13 of the New Mexico Constitution, which provides that “[bJail may be denied by a court of record pending tria! fora defendant charged with a felony if the prosecuting authority requests a hearing and proves by clear and convincing evidence that no release conditions will reasonably protect the safety of sny other person or the community.”08/04/2017 PAE 14:54 FAX ++ Clovis on Bi (08-04-17; 03:40PM; DA-Portales 1875-266-4990 a7 6 k Line go03/006 17, The State's burden of clear and convincing evidence is much higher than the evidsoce needed to establish probable cause and is the exact same burden the State has to prevail in - terminating. a, person's parentaLrights.. In re Termination of Parental Richts of EventyrJ., 1995-NMCA-087, 42, 120'N.M. 483, 902 P.2d 1066. 18. “For evidence to be clear and convincing, it must instantly tilt the scales in the affirmative when weighed against the evidence in opposition and the fact finder’s mind is left with an abiding conviction that the evidence is true." [p re Adoption of Doe, 1984-NMSC-024, 19, 100 N.M. 764, 676 P.2d 1329 (citation omitted). 19. In the absence of showing clear and convincing evidence, as noted above, or where a Defendant is charged with a capital offense, the general rule remains that (a)ll persons shall, before conviction, be bailable by sufficient sureties[,]" N.M. Const, art I, § 13. 20. While the Court recognizes the seriousness of the charges against Defendants, the Court also recognizes the fundamental nature of the presumption of innocence, 21. Furthermore, “{nleither the Constitution nor our rules of criminal procedure permit a judge to base a pretrial release decision solely on the severity of the charged offense.” State v. Brown, 2014-NMSC-038, ¢ 52. CONCLUSION 22. ‘The evidence presented by the State did not establish by clear and convincing evidence that the Defendants pose a threat to the safety of any other person or the community and thet NQ release conditions would protect the community. In this regard, the State failed to establish that no other conditions could be fashioned. 23, The Court must next consider what conditions are appropriate, See Rule 5-401.08/04/2017 PRI 14:54 FAK == Clovis DA Back Line wgnoaroo6 08-06-17: 35. 26. 2. 28, 29. 30. a IT IS SO ORDERED. Dated: 03:40PM; DA-Portales 1875-356-4990 ‘The nature and circumstances of these offenses are grievous and serious. The incident resulted in the brutal death of one and the brutal injury of another child. ‘The weight of evidence against the defendants appoars strong, Defendants have no eriminal histories, strong family ties to the community, and have established residences, ‘There is no indication of flight to avoid prosecution, Defendants have not failed to appear, and have no passports. No testimony established that Defendants have indicated any desire or plan to flee, The evidence presented of Sandi Taylor's potential “anxiety” issue is not sufficient to Justify pretrial detention, ‘The nature and circumstances of these offense, the potential minimum sentence, coupled with the testimony lead the Court to believe that a sucety, percentage, or cash bond is appropriate. Defendants shall be eligible to post # $100,000,00 cash/surety/10% bond and be released pending tral, Defendants shall have strict conditions of reluase as outlined in the attached Order Setting Conditions of Release. There are special additional conditions which include: ‘+ No contact with anyone who may testify in the case, including the parents of other children who were at the daycare, No babysiting, daycare, or other care for any children, (Sandi Taylor may care only for her own child), 2 ‘August 4, 2017. Distict Court Judge 4 aa 606/04/2017 PRI 14154 FAX +++ Clovis DA \g005/o08 08-04-17; 03; OFM: Da-Portales 7878-386-4930 #7 6 STATE OF NEW MEXICO COUNTY OF ROOSEVELT ‘NINTH JUDICIAL COURT STATE OF NEW MEXICO v, No. D-911-LR-2017-0002 ——— a ‘D:911=CR=2017:00117 = SANDI TAYLOR Defendant, ORDER SE’ Release on recognizance or unsecured bond: It is ordered that the defendant be releasod from custody upon: (check and completa applicable alternatives) [ ] Personal recognizance. [ ] Unsecured appearance bond of $ [.] Third-party custody release to (individual or organization). WWe agree to supervise the defendant; to use every effort to assure the defendant's appearance at all scheduled hearings; and to notify the court immediately in the event that the defendant violates any conditions of release. Signature of Custodian Address (city/zip) ‘ode/Telephone # Defendant's conditions of release: ‘The court FINDS that the following conditions of release are the least restrictive conditions necessary 10 reasonably assure the appearance of the defendant as required and the safety of any other person and the ‘community. The defendant shell not violate any federal, state, or local criminal law and shall (complete and check only applicable conditions prior to signature by defendant) [7]. not possess firesrms or dangerous wespons; [J notretura to the location of the alleged incident; [¥] not consume aloohol; [7] not Buy, sell, consums, or possess illegal drugs: [¥] notify tho court of any change of address; [7] not leave the Ninth Judicial Distriet without prior permission of che court [¥] maintain contact withthe defendamt’s attorney/seek and consult wit £4} avoid all contact withthe alleged victim or anyone who may testify inthis ease; including parents of the other childron atthe daycare {.] have an ignition interlock device installed on any veticle the defendant may dri interlock device), [1 be on pretrial supervision and abide by all conditions set by the court and by pretrial services [] reside at address) unless otherwise agreed to by the court: [] submit to drag or alcohol testing upon the request of. 5 1] not eave the defendant's residence between the hours of, mand without prior permission of the court, 11 in employment, oF, if unemployed, actively seek employment; [J maintain or commenes an eduestional program; 1] (other conditions) no babysitting, daycare, or other care for any children. (Sandi Taylor may care for only hor own child), ({_ camera capable ignition06/04/2017 PRE 14:54 FAX +++ Clovis DA Back Line (a00sso08 08-04-17; 03:40PM; DA-Portales 578-386-4020 #6 6 Release on secured bond: {¥] The court FINDS that release on non-monetary conditions will not reasonably assure the appearance of the defendant. In making this determination, the court finds the following particularized factors require ‘imposition of a secured bond in the amount set forth below: © Potential mininum sentence is great. # * Nature and ciréumstaices of the offense: Secured bond of $100,000.00, secured by: [7] cash at 10 % of total bond, 1 ‘property bond executed on Form 9-304 NMRA. [%] _ either 100% cash or a surety bond executed on Form 9-304 NMRA. Dofendant’s acceptance of conditions aud promise to appear: understand the above conditions of relegse and agreo to them. understand thatthe court may have me arrested at any time, without notice, to review and reconsider these conditions. ‘understand that my conditions of release may be revoked and I may be charged with « separate criminal offense if intimidato of threaten a witnoss, the victim, or an informant, or If otherwise obstruct Just 1 further understand thet my conditions of release may be revoked if! violate a federui, state, or local criminal law. agree to appear before the court on August 16, 2017, at 9:00 A.M. for ARRAIGNMENT, located at District Court, Roosevelt County and thercafter at such times and places requlred in this case by any court, understand, that if fal to appear as required, my bond, if any, may be forfeited, and 1 may be prosecuted and sent 10 {ail {the penitentiary] forthe separate offense of failure to appear. agree to comply fully with eaeh ofthe conditions imposed on my release and to notify the court promptly in the event I change the address indicated below, Defendant's sigaarure Date of signavure Dateofrelesse Time of release Celfphone number ‘Alternate phone number Era address ‘Mailing address (include city, state, and zip code) Physical address (include city, state, and zip code) ‘Judge's signaru of conditions: