A spat between feuding outlaw motorcycle gangs left three people dead and five wounded during May’s annual Red River Memorial Day Motorcycle Rally. With the dismissal of a murder charge against Waterdogs member Jacob Castillo on Monday, no one is criminally charged in any of the killings.
Eighth Judicial District Attorney Marcus Montoya said Wednesday his office decided to drop the murder charge because the investigation into the shooting is ongoing and he did not want to jeopardize it.
“In a nutshell it was just — I hate to be so cliché — but in the interest of justice we needed to dismiss [the murder charge] without prejudice,” Montoya said.
New Mexico State Police Officer Ray Wilson wrote in an email Wednesday his department has no new information to share with the public pertaining to the Red River incident.
Aside from the ongoing investigation, the effects of the shooting continue to affect communities across New Mexico. It prompted the cancellation of a motorcycle rally planned next month in Las Vegas, N.M.
Ernest Mondragon, the committee chair for Las Vegas’ Rough Rider Motorcycle Rally, said he received a letter from the city and police Chief Antonio Salazar denying the long-running event’s permit in the interest of mitigating safety risks. The rally was scheduled for late July.
“We have also learned other municipalities in New Mexico have cancelled similar events due to public safety concerns,” the letter stated.
Castillo, 30, had been set to appear Tuesday for a hearing in the 8th Judicial District Court that would have decided whether the Rio Rancho man would have remained in custody pending trial. He was accused of fatally shooting 46-year-old Damian Breaux of Socorro, according to a criminal complaint filed earlier this month in Taos County Magistrate Court.
Montoya said his office was not ready for the detention hearing.
“[We’re] really just trying to make sure we’ve got all of our I’s dotted and T’s crossed, right, because once charges are filed, we’re under strict deadlines to get certain hearings and evidence disclosed and prepared for, and … at the juncture we were [Tuesday] when we were set for that hearing, that just was not where it needed to be,” the district attorney said.
He added, his office helped set in motion Castillo’s transfer from the Metropolitan Detention Center in Albuquerque to different locations while in state custody under an emergency order to ensure the safety of everyone involved. Montoya confirmed the last facility Castillo was booked into was the Taos County jail.
“We did coordinate with law enforcement, the jail and defense counsel regarding the … timing of the release, the transport and the filing. That way there was no — let’s say, any opportunity for any notice to go out,” Montoya said.
Online records for the Metropolitan Detention Center in Albuquerque state Castillo was released from the facility June 6.
Taos County jail Director Michael Garcia did not respond to questions about when Castillo was booked into the facility or when he was released.
Adam Oakey, who is listed in online court records as Castillo’s defense attorney, did not respond to a request for comment.
When asked if his office is any closer to charging anyonein the deaths of Anthony Silva and Randy Sanchez at the Red River rally, Montoya said his office is dealing with a “waiting game” when it comes to receiving the ballistic, forensic and medical reports necessary to move forward.
“Like I said, we’re really trying to make sure we have as many pieces of this puzzle put together so we can determine … who did what to whom,” Montoya said.
Mondragon said he is disappointed the Red River shooting led to the cancellation of the 18th annual Rough Rider Motorcycle Rally. He noted there have not been any major incidents during the event in the last several years.
“I think Red River — that was just an isolated incident of something that occurred somewhere else. Unfortunately with that, we have to pay the price for them [and] for the things that happened out there,” Mondragon said.