District Attorney Mary Carmack-Altwies on Wednesday formally rejected Santa Fe gallery proprietor Stephen Fox from a so-termed restorative justice offer available to other defendants accused of supporting to ruin the Plaza obelisk in Oct.
Fox, 73, was charged with two fourth-degree felonies of legal problems to property and conspiracy to commit criminal problems next the toppling of the 152-calendar year-outdated obelisk, regarded as Soldiers’ Monument, on Indigenous Peoples Day. He also was charged with unlawful assembly, a petty misdemeanor.
He is one of eight people today charged with destroying the monument. Two others have been accused of crimes tied to a skirmish ahead of the obelisk was pulled down, even though just one man’s situation was dropped. 7 of the remaining defendants agreed in May possibly to participate in the restorative justice program, which requires them to shell out fines and complete group services to resolve their prices, fairly than experience jail time.
A situation is pending for yet another defendant charged in June.
For Fox to sign up for his co-defendants in the application, also recognized as pre-prosecution diversion, he would have to indication a official assertion admitting to his participation in the incident, as very well as agree to the fines and community support.
“The business met with him, emailed and spoke with him, and he carries on to reject conditions of the PPD program,” Carmack-Altwies informed Initially Judicial District Judge Sylvia Lamar in a court hearing Wednesday early morning. “He does not want to do the local community services. We do not think he is equipped to do the job with the restorative justice software.”
Fox informed Lamar he imagined he had signed paperwork stating he agreed to the system, but he experienced questions about the group support.
“I have not turned down their pretrial processing in any way,” Fox explained. “This is a incredibly really serious make a difference. I’m a lot much more conscious of the seriousness of it in my age.”
Assistant District Attorney Morgan Wooden stated Fox obtained a duplicate of the settlement and designed a range of proposed alterations. He was told individuals recommendations were being unacceptable and that he desired to agree to the similar phrases as the other defendants, but he refused, she included.
Fox mentioned he’s now ready to indicator the agreement.
“I’m much more than inclined to indication again what they have geared up and participate in however this can be salvaged,” he explained to Lamar.
Carmack-Altwies raised queries during the listening to about Fox’s mental competency to face trial. She mentioned her business planned to file a motion in search of an evaluation.
The restorative justice deal is “not on the table” for Fox, Carmack-Altwies mentioned, but that could adjust if he undergoes the competency analysis and hires an legal professional.
“We do not sense he would be a good participant in our PPD system nor believe that he would be a effective member of the restorative justice system,” she reported.
At Fox’s final listening to in July, Lamar ordered him to use for a law firm by the condition Legislation Workplaces of the Public Defender. He reported Wednesday he not nevertheless employed a lawyer but did not explain whether he experienced applied again for a public defender.
Lamar urged him to get a law firm and reported the circumstance will proceed towards a demo.