ViUSr ie sul bey ow FILED | ee | ww 46 2017 ese ee STATEMENT OF PROBABLE CAUSE MAGISTRATE COURT The above defendant has been arrested without a warrant for the foll et RGIES coe {forth a plain, concise and definitive statement of facts establishing probable cause): On Thursday June 15, 2017 at approximately 8:40 p.m. I, Agent Jessie M. Whittaker, ‘was identified as the lead investigator for the New Mexico State Police Investigations Bureau (Espanola) investigation into the death of Manuel J. Serrano. However prior to being assigned by NMSP IB(ESP) Sergeant Chris Valdez I had assisted with the attempt to locate and identify an individual identified as Damian Herrera DOB 11/23/95, Damian had been identified by the Rio Arriba County Sheriff's Office earlier in the day as 2 person of interest/alleged possible suspect into the death of three other individuals based off of prior investigation conducted earlier around 3:20 p.m in La Madera, NM. The RASO provided information Damian Herrera was possibly driving an older model late 80's to early 90's Gray in color Toyota Pickup Truck. Damian was identified as the alleged possible suspect/person of interest based off of interviews conducted on scene in La Madera by the Rio Arriba Sheriff's Office during their investigation. Specifically they identified Damian Herrera asthe step-son of Max Trujillo, half brother of Brendon Herrera, and son of Maria Rosita Gallegos. Furthermore Damian Herrera, ‘was identified to be driving on Forest Road 222 towards Tres Piedras. ‘At approximately 5:15 pm, Rio Arriba Dispatch advised of a male subjeot shot on Forest Road 222, house # 20. New Mexico State Police, Taos Sheriff's Office and Rio Arriba Sheriff's Office arrive on scene and located the body of Michael Kyte. I arrived on scene at approximately 5:45 pam. and personally observed the body of Michael Alan Kyte and observed what appeared to ‘be medical type pads attached to the torso of Michael Kyte's body. [later leamed that Tzos County Emergeney Medical Services attempted life saving measures however no pulse could be Tocated. From continued investigation Damian Herrera was identified as allegedly shooting at and killing Michael Kyte, then stealing his 2012 Chevy Silverado bearing New Mexico Licenso Plate MYC6S2, At approximately 8:05 p.m., per surveillance footage at Bodes Gas station in “Abiquiu, NM (Rio Arriba County) Damian Herrera pulls up to a gas pump and appears to get gas and washes his windows. Within less than a minute Manuel Serrano pulls up in his white colored Jeep to another gas pump and proceeds to get gas. He also washes his windows. At approximately 8:05:45 Damian Herrera gets back into his vehicle and begins to pull away from the gas pump at approximately 8:09:17; Manuel Serrano had bis back to him, Per video Manvel Serrano begins to run around his vehicle and Damian Herrera leaves the parking lot quickly. It appears to affiant while watching the surveillance video that this is when Manuel Serrano was fatally shot. ‘A vehicle occupied by four people traveling north on US 84 was nearly struck by the black Chevrolet truck as it pulled out from Bodes. A female in the vehicle when interviewed by affiant stated she observed Menuel Serrano running from the gas pumps.. She advised her husband and they turned around and went to check on Manuel Herrera. ‘er husband recognized and identified Manuel Serrano. They assisted another male who‘was on scene with first aid. This other male advised NMSP IB Agent William Terrazas that he heard approximately 3 gun shots, Manuel Secrano was transported to the Espanola Valley Hospital where he died as a result of his injuries. The owner of Bodes has provided written consent to process the crime scene at Bodies but cannot provide consent to search Manuel Serrano's Jeep. ‘The suspect was identified as Damian Herrera and was seen driving the Black 2012 Chevy Silverado and fleeing Bode’s Gas Station southbound on US Highway 84. Atapproximately mile marker 202, Rio Arriba Sheriff's Deputies observe Damian Herrera in the Black Chevy Truck and engage in a vehicle pursuit southbound on US 84. The licease plate was identified as MYC652 and was registered to Michael Kyte. At approximately mile marker 197 Damian Herrera, lost control of the Black Chevrolet truck and wreeked the vebicle on the west end of US Highway 84, Damian Herrera exited the truck and rushed Rio Arriba Sheriff's Deputies Joey Aguino and Gabe Watt who, with the assistance of Espanola Police and New Mexico State Police were are able to place Damian into lawful custody. Damien Herrera was searched incident to arrest and firearm cartridges were located in his pocket. Demian Herrera was secured in the back seat of a Rio Arriba Sheriff's deputy's vehicle. ‘While in the back seat of the vehicle NMSP (IB) Agent Joey Gallegos met with Damian Herrera, Agent Gallegos activated his digital recorder and read Damian Herrera his Miranda Warnings. Damian Herrera advised he understood his rights. Damian Herrera admitted to shooting Max Trujillo, Maria Rosita Gallegos, Brendon Herrera and fleeing La Madera towards Tres Piedras in the Gray Toyota, Damian Herrera admits to shooting Michael Kyte and driving around through the Cumbres Pass down towards Bodes Gas Station and shooting Manuel Serrano at Bodes Gas Station, Damian Herrera than stated he fleed south from Bodes and gets into the pursuit and ‘wrecks the truck. Damian Herrera was transported to the Espanola Hospital for a medical clearance. Upon completion of the booking process he will be transported to the Rio Arriba County Detention Center where he will be held on NO BOND> ISWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BEST OF MY INFORMATION AND BELIEF, 1 UNDERSTAND THAT IT IS A CRIMINAL OFFENSE SUBJECT TO THE PENALTY OF IMPRISONMENT TO MAKE A FALSE STATEMENT UNDER OATH. COT LCE New Mexico Stile Police (This form is to be used only ifthe defendant was arrested without a warrant and the complaint and any attachments to the complaint do not make a written showing of probable cause.) [Approved effective September 1, 1990, as amended, effective April 1, 1991; December 1, 1993.] 06/16/2017 (Pate)seg PRI 9:40 FAX 575 588 7791 oos/o1e wel (ARREST / BOOKING REPORT | °) w aeney NEW MEXICO STATE POLICE / NIMNSPO700 Pe Herret ee ee ere a Herrera 11/23/95 7 ote -oiacatente | vita | eee LT ernande 17 2030 us 34 mM 198 al wyisizo17 2030 HRS 5 | AeTeaet Recon | ft i — pe fof a J Olhae Typa of Raatraint Uaad oO ly} ‘Sesiched Prior Ta Transport [ea] te ‘Seal polled During Trengpor Cir = ira @NumBary SIGRATURE OF RECEIVING OFFICIAL: a wT <> ARRESTEE'S PERSONAL PROP! ( ‘ARREGTEE SIGNATURE AT TIME OF ARREST ‘SIGNATURE OF JAlL PERSONNEL RECEIVING PROPERTYa6 eas porT PRI 9:38 FAX 575 588 7791 @o03/o16 Cn ne ) CRIMINAL COMPLAINT STATE OF NEW MEXICO no. WMiuatrReon ODI nese . . jn __| Rio Arriba COUNTY “| Espanola city iv tHe _| Magistrate COURT =-VS-- Arrest Date: __6/15/2017 Name: Herrera, Damian Driver Uc. # 51200 Address; __| County Road 175 Rd 32: Cltatton. #: City/zip:_|_Qio Callente Arrest #: ‘p.o.p.: _| 11/23/1995 Docket #.: S.S.N.: Date Filed; CRIME: (Common name of Offense or Offenses) ‘The undersigned, under penalty of perfury, complatna and says that on or ebout [6/15/2027 ]_, Inthe: County/city of | WO ARRIBA state oF Naw Mexlco, the ahove named Dafandant(s) did: Contrary to section, 2-4. & 30-02: 5 -02 02-1 3, 30-22- ADI) Offense, Desc: __ Murder in the 1st degree (open charge Ing, without lawful [ustification or excuse, by any of tha with which death trary to Ni! 1978, § 30-02-1 & 30-02-3, (a ist degre: lol Murder Int! it degra (open char, did kill (Brenden Herrera J, @ human being, vlthout | lawful Justification or rOKCUse, by any of the means with which death may be did kell [Marte "Br " Gall tion or excuse, by any of the means with which dea be caused, contrary to NMSA 1978, § 30-02-1 & 30-02-9, (a 1st dearee, capital felony) Tampering with Evidence (highest crime committed Is ital Aster 2nd dey ee felon rehension, pro: tlon or conviction of 150n_ oF to throw i Cf 1 jh a highest crime for which tampering with evidence Is commltted (s 4 capital, first degree or second degree felony contrary to NMSA 1978, § 30-22-05 (B)(1). {a Ard degree felony). Unlawful taking of a vehicle or motor vehicle (1st offense) , did, take a vehicle or motor vehicle, to wit: [erey Toyotal, Intentionally and without consent of the owner, contrary to NMSA 1978, § 30-16D-O1(A){4). (a 4th degree felony) « . ' Damlan Herrera was orrested after he did kill Mr. Max Trulllto Sr., Mr. Brendon Herrera, and Ms, Brenda Herrera, a human bel: without lawful Justification or excuse, by any of the ins with whic! he lan Herrera was Identified by four other persons present at the time the crime was committed. us6/46/2017 PRE 9238 FAK 575 588 7791 aooasors ry fail On the date of June 45, 20 while on duty, within th of Blo Arriba County, the Now Mexico, wearing the patro Rlo Arriba County Sherlf's Office displaying my badge @ sergoant Marl’ A. Webb was dispatched to Private Orlve 1695, House #iIn Madera, NM area In raference to ccurred, It was reported by Central Dispatch that there were three (3) cont tims who guftered gunshot wou believed to have no signs of lfe, Deputy Chris Gu ‘were responding from the Chamita, NM area, Wh advised that a.m later Mdentfied as Damian Herrera fad the scene in-a grev Toyota, older model plek uo In th of O10 callonte, NM, pon arrival one male later identified as Mr. Mark Berry, a resident thera on the property and witnase to thd ‘etlons Damian tool a's date, The m narmed and stated that there were two males that were d amale who was stl breathing. As | entered anto the property followed by Deputy Gurulo, It wa ack, nale skin, and no signs of ife wlth obvious Injury to bi her. Next to Mr, Herrera lled a female with a guns ndto a's mather, Thera was no response from Ms. Gol ald to Ms. Gallegos. As we were waiting far EMS ta mmoned for Emergency Medical personnel t nd | entered Into the residence centered into the fist la groon rifle ling on sand th kitchen lished | took over as ease Agent and ho Is the sister to the suspected shooter, Mi nd identified her broth era (Deceased witnessed her step-father jed as Max Truiilo Ir residence with gunshot wounds to hls person near the chest area, Ms, Herrera stated that she ran ba aside to try and call find the phone, when she raturned che tried to give Mr. Trullllo CPR In attempts to render ue witnassad her brother Brendon Herrera and th Damian Herrera betio a revolver type with shorter stvle barrel. Mis. Herrera ndon Horroral galnst the carort area wall At that time Ms, Herre he hea juunshot wherel Brendon Herrera and struck him in the neck area. A onda” Herrera want to check on Brendk saw Damar shoot his moth a was coming up from the ground puldescribed as In a submissive manner) and pleading for Damian not to sheot her, Ms. Herrera stated thot he belleved that she may bi tional victim and fiod from the scene to the nelghbors to atter called from the nelghbor’s she Info at Daman left the scone fn an older grey Toyota, wea ‘Khak! bottoms, with mld length dark halt and a beard, an spoke to Ms. Shlann Barta who was 9 had [ust arrived ta the residence to drop aff her chi Ms. Barola stated thal essed Me. Trullio and sneaking near a white joading or untoatfing something. She ised she went Into the maln house an an to snenk to Carissa abou when she heard posstb yell “Brenda”, Ms. advised she observed Brendon and Brenda exit tho residence and she could from within the residence th: Mr. Max Trujilo was [ving on the ground, shot and witnessed Brenda attempting te perform CPR on Mr. Trulillo, Ms. Barel Montana Calling, Ms, Barela Inform standing over Mr.06/16/2017 FRE 8:39 FAK 575 585 7791 oos/ors igs along th the sacuenes of eunnts OF MY INFORMATION AND BELIEF. 1 UNDERSTAND THAT IT IS A CRIMINAL OFFENSE, SUBJECT TO THE IMENT TO MAKE FALSE ‘STATEMENTS IN A CRIMINAL COMPLAINT, Complainant oreo re watt Mark A, Webb ee RIO ARRIBA SHERIFF'S OFFICE ‘Tis compllat may not be fed without the priar payment of fing fee, unless approved by the DisictAtomay or @ law enforcement afer authorised ten ‘Acrestor Search Warrent. Agprovelof tha dstret ary or law anforcamn: offs Isnt atharwies cagulad, ‘Approval ‘DISTRICT ATTORNEY OW LAW ENFORCEMENT OFFER {As ommended, approved by the Suprema Cour of tha stat of New neo, ffetve Saptari, 1980; Apel 99%; November , 1991] PROBABLE CAUSE DETERMINATION {for use onty ithe defendant hs been arrested : ‘Without a wernt end has not been clase) Finding of Probable Cause | [lfind that there isa writen showing of probable cause to heleve tata cre hasbeen committed and thatthe above named defendant committed It. Its ordered that the defendant shall be released Jon personal rocognizance, Jon the eonditfons of release set forth In the relense order. Failure to make ShowIng of probable Cause [11 find that probable cause has not been shown that a crime has been committed and that the above named defendent committed06/16/2017 war 139 FAX 575 588 7791 Bove /or6 \ it. Its therefore ordered that the complaint ogainst the defendant be and the sama Is hareby dismissed without prejudice and the defendant be Immediataly discharged from custedy, Date audge Untess the defendant has been released on personal recogntzance, the amount of ball set and any conditions of ro a designee must also he reviewed. [approved by the Supreme Court of New Mexico, effective September 1, 1980]O6/16/2017 PRI 8:38 PAX 575 588 7791 \goo1s016 e . AGENCY RIO ARRIBA COUNTY SHERIFF'S OFFICE DEFENDANT NAME (Last, First, Middle) a@ | Herrera, Damian & [ADDRESS (umber & Street) City & State fF ‘County Road 176 Rd 325 ‘Ofo Callente, NM | ALIAS DRIVER'S LICENSE NUMBER STATE s : S926 NM LOCATION OF ARREST DATE & TIME US 84/285 MM 198 SAS/L7 2015 ‘OCCUPATION OR EMPLOYER ARRESTING oa Sgt. M. Webb RA-7 BOOKING OFFICER (Signature & Number) Ca [ria [Stetote [oats [ soetaa Disposition BOND | CHARGE ‘Time Served Goad Thine Balance DISPOSITION — Aleoholian O Mental Tlness Drug Abuse U ANY KNOW ALLERGILS: Diabetes U Epilepsy yu High Blood Pressure U MEDICAL UNDER INFLUENCE OF; RELEASE DATE Alcohol “TIME: Unknown Drags UNKNOWN If Yes, What Drug? RELEASING OFFICER (Signature & Number) AGENCY RELDASED TO: DEFENDANT'S PERSONAI PROPERTY RECEIPT DEFENDANT'S SIGNATURE AT TIME OF ARREST WITNUSSES U Hereby state that the above listed property was returned to mo, in sntisfuction of Al Clalms to property on my person at the time of my arrest. On the date of my release. x NM-UCKIT06/16/2017 FRI 9:38 FAX 575 588 7791 eo . fy AGENCY RIO ARRIBA COUNTY SHERIFF'S OFFICE DEPENDANT NAME (Last, First, Midule) Herrera, Damian 02/016 ws, ORUNM J Pa \sexomamn S0-17-000966 FILE NUMBER FILE N s DATE OF BIRTIL P.O.B. | SID NO. RACE SEX HIS. Ms i23ans: NM ADDRESS (Number & Sircet) County Road 175.Rd 325 ALIAS City & State ‘Ojo Caliente, NM PITONE NO. Nia DRIVER'S LICENSE NUMBER STATE NM LOCATION OF ARREST US 64/285 MiMi 198 OCCUPATION OR EMPLOYER PERSONAL DATA BOOKING OFFICER (Signature & Number) Charge ID. A Charge Deg Dond Amount’ 30.23-8 B1 NO BOND DATE & TIME G/S/V7 2015 Siem M. Webb RA-7 OTOGRAPHED BY: (Name & Number) 5 Cc Tampering with Evidence (Highest I” ‘Unlawful taking of MY 30-16D-1 Al ‘NO BOND - Bond Type BOND | CHARGE Return Date Disposition { DAYS AMOUNT. Sentence DAYS AMOUNT. DAYS AMOUNT ‘Time Served Good Thine Balance Paid ReceiptNamber_[ KNOWN HISTORY OF Alecoholiont 1f ANY KNOW ALLERGIES: Dinbetes MEDICAL DISPOSITION UNDER INFLUENCE OF: Alcohol Unknown. RELEASE DATE TIME SIGNATURE OF RECEIVING OFFICIAL RELEASING OFFICER (Signature & Number) Mental Miness 1 Epilepsy ‘Drag Abuse U High Bond Pressure U Is Subject Now Under Doctor's Care aud/or Taking Any Medication? NIC Yes, What? Drugs UNKNOWN Af Yea, What Drug? AGENCY RELEASED TO: DEFENDANT'S PERSONAL PROPERTY RECEWT DEFENDANT'S NAME (Picase Print) ITEM DEFENDANT'S SIGNATURE AT TIME OF ARREST ‘WITNESSES I Hereby state that the above {Isted property wns returacd to me, in satisfaction of ull Claims to property on my person at the time of my arrest. On the date of my release. Xx NM-UCRATMew DED CRIMINAL COMPLAINT by ~ Le menarce Pea - STATE OF NEW MEXICO baie Semis no. _ HZ 207 -OOIse WA _ Rio Arriba COUNTY Espanola city INTHE | Magistrate COURT MAGISTRATE COURT --VS-- Arrest Date: __6/15/2017 | RIO ARRIBACO. | & || Name: Herrera, Damian Driver Lic. #: 512005926 . Address: _| County Road 175 Rd 32! Citation. #: City/Zip:_| Ole Caliente . Arrest #: 2 ‘ D.O.B.: | 11/23/1995 = Docket #.: S.S.N.: M7058 _ Date Filed: CRIME: (Common name of Offense or Offenses) i ‘The undersigned, under penalty of perjury, complains and says thaten or about _[6/15/2017 ]_, inthe County/City of ] RIO ARRIBA state of New Mexico, the above named Defendant(s) did: Contrary to section:__30-02-1 wa ornons whens wahSnvass 'B)(1), 30-16D-01fA)(1 ‘Offense, Desc: __ Murder in the 1st degree (open charge] did kill [Max Trujillo Sr.], a human being, without lawful justification or excuse, by any of the means with which death may be caused, Murder in the 1st degree (open charge] did kill [Brenden Herrera ], a human being, without lawful justification or excuse, by any of the means with which death may be caused, contrary to NMSA 1978, § 30-02-1 R (a Ast degree, capital felon Murder in the 1st degree (open charge) did kill [Maria “Brenda” Gallegos], a human being, without lawful justification or excuse, by any of the means with which death ma' be caused, contrary to NMSA 1978, § 30-02-1 & (a Ist degree, capital felony) Tampering with Evidence (highest crime committed is a capital, Ist or 2nd degree felon did destroy, change, hide, place or fabricate physical evidence, to wit: [black revolver handgun], with the intent to prevent the rehension, prosecution or conviction of any person or to throw suspicion of the commission of a crime upon another, and the highest crime for which tampering with evidence is committed is a capital, first degree or second degree felony contrary to NMSA 1978, § 30-22-05 {B)(1). (a 3rd degree felony). Unlawful taking of a vehicle or motor vehicle (1st offense) did, take a vehicle or motor vehicle, to rey Toyotal 30-16D-01(A){1). (a 4th degree felon entionally and without consent of the own: Damian Herrera was arrested after he did kill Mr. Max Trujillo Sr., Vir. Brendon Herrera, and Ms. Brenda Herrera, a human bein without lawful justification or excuse, by any of the means with which death may be caused. Damian Herrera was identified by fou other persons present at the time the crime was committed.vised t spect later identified as Damian Herrera fled the scene in a grey Toyota, ‘of Ojo Caliente, NM. actions Damian took on today’s date, Th female who was still breathing. As | entered onto the property followed by Deputy Gurule, it was witnessed that a young male wa lying on his back, pale skin, and no sians of life with obvious injury to his neck area, this male was identified as Brendon Herrer: the suspected shooter's brother. Next to Mr. Herrera lied a female with a gunshot wound to the head grasping fe ‘over onto her side with blood pouring from her head, the female was identified as Marla “Brenda” Gallegos, the suspect shooter's mother. There was no response from Ms, Gallegos when spoken too and | could see an additional male [ving on his bac in front of the entrance to the residence, next to a white Ford pickup truck. It was seen that the male was lying on his back and had a large amount of blood coming from his face and torso areas, with no signs of life and pale skin, | summoned for Emergency Medical personnel to respond and render aid to Ms. Gallegos. As we were waiting for EMS to ‘Gurule and | entered into the residence to clear the residence and ensure the suspect was not present and no further . ined ins I nt red, with rifles in disarray nce the scone was cleared for EMS lat 1 the crime scone with tape and initiated a crime scene lo ‘As 1 wes initiating the crlme scene log, Deputy Andy Gutlerrez an Bill Smith arrived on scene to assist with the perimeter ‘and take over the crime scone log, Once the scene was established | took over as case Agent and began to perform initial witne Interviews, beginning with a female identified as Carlssa Herrera, who is the sister to the suspected shooter. Ms. Carissa Herrer advised me that she was on stene when the incident occurred and identified her brother Damian Herrera a the shooter, Mis Herrera informed me of the events that took place, stating the she was inside their shared residence lo "erenda” Herrera ‘exited the residence she witne: ax Teulillo Sr. lying on the round in front of thei ee an pat ounces hoa 1 that she ran bad inside to try and call SRY" and eoul’t find the phone, when she raturned she tied to give ME. Tull CPR in attempts 9 rendet Damian Herrera bor her hands up,(described as in a submissive manner) and pleading for Damian not to shoot her. Ms. Herrera stated t ‘she believed that she may become an additional victim and fled from the scene to the neighbors to attempt to call “911”, As she called from the neighbor's she informed me that Damian left the scene in an older grey Toyota, wearing a blue and white shirt) Khaki bottoms, with mid length dark hair and a beard. ‘advised she observed Brendon and Brenda exit the residence and she could see from inside an area from within the residence that Mr. Max Trulillo was lying on the ground, shot and witnessed Brenda attempting to perform CPR on Mr. Trujillo. Ms. Barela state that she was scared and attempted to locate the phone so she could call “911” although couldn't find it so she ran out the bact door with her inf i who was holding a black handgun, standing over Mr. Max Trujillo's body. Mi Brendon state to Damian to leave him alone in some tyne of way and hearAt this time, several additional personnel arrived on scene to assist with the erime scene investigation and the scene wag ‘0 the command of Sergeant Ernest Armilo who is the supervisor of the Crime Scene unit within the Rio Arriba Sherif's Office ‘here wa information utr the alo lends toon aon vein and sine borden: Taos county anda Arba Couns that time at the advice and a able to gather fc them tothe Rio Ariba Sheriffs Office i {that he intended to kill or hurt people for fun. My investigation revealed that Damian Hé ‘beings, without lawful justification or excuse, by any of the means with which death may be caused. Damian was locates and placed under arrest for the murder of Max Trujllo Sr, Brendon Herrera, and Maria “Brenda” Gall ‘While being taken into custody after @ pursuit and scufle with Deputy Joseph Aquino, Damian was read Miranda on scens and confessed to Agent Joey Gallegos, New Mexico State Police, under Miranda again while in the back of a patrol vehicle, to th shooting and kilings of his three (3) relatives atthe residence in the La Madera, NM area of his Stepfather, brother, and mother, aq ‘well as two additonal kilings along with the sequence of events. jot have permission to use the grey Toyota he was seen fleeing from the sc ce earlier in the day armed with the same revolver type handgun, then returning and being confronted by Mr| ‘Tullo about taking the pickup, The weapon believed to have been utilized in the shooting was not recovered on scene and wa t ' ion as he reloaded ammunition into the cylinders after he shot his mother in the head. Damian Herrera was taken te p 1 rs 8 he Ri “eiva hers Office for the necessary paperwork to be drafted and fled follaling an arrest [SWEAR OR AFFIRM UNDER PENALTY OF PERIURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BESF|OF MY INFORMATION STATEMENTS IN A CRIMINAL COMPLAINT. Complainant Title ‘RIO ARRIGA SHERIFF'S OFFICE ‘Agency Tie complaint may not be fad without the prior payment of flng fee, uness approved by the Distt Attomey ora Law enforcement ofcer authorized to serve an ‘Arrest rSeurch Warrant. Approvalof the diswiet attorney or alow enforcomentofcar i nat otharuise requ. Approval DA ‘DISTRICT ATTORNEY OR IAW ENFORCEMENT OFFICER [ac amended, approved by the Supreme Courtof the State of New Mace effective September 3, 1990; Api, 2961; November, 3892.) PROBABLE CAUSE DETERMINATION (for use ony if he defendant hasbeen arrested ‘ithouta warrant and has not bean released) Finding of Probable Cause [lI find that there is a written showing of probable cause to believe that a crime has been committed and that the above named defendant committed It, Itis ordered that the defendant shall be released [Jon personal recognizance. [ 1on the conditions of release set forth in the release order. Failure to make Showing of probable Cause [1 !find that probable cause has not been shown that a crime has been committed and that the above named defendant committedIt. tis therefore ordered that the complaint against the defendant be and the same is hereby dismissed without prejudice and the defendant be immediately discharged from custody. Date udge Unless the defendant has been released on personal recognizance, the amount of ball set and any conditions of release prescribed by a designee must also be reviewed. approved by the Supreme Court of New Mexico, effective September 1, 1990]nage? PRI 8:40 PAX 575 588 7791 o10/016 O Oo FILED IN [ a 14.2017 IN THE MAGISTRATE COUR COUNTY OF RIO ARRIBA STATE OF NEW MEXICO STATE OF NEW MEXICO, Plaintiff, va, RIO ARRIBA CO, J & i} no. AUS Fe leg 00 By DAMIANHERRERA AIA DOB; 11-23-95 ssn B-7058 ‘CRIMINAL COMPLAINT CRIMES CHARGED: The undersigned, under penalty of perjury, complains and says that on or about June 15, 2017, in RIO ARRIBA County, New Mexico, the above named defendant did: COUNT 1: Murder in the 1 “degree (open charge) did kill {Manuel J Serrano], a human being, without law(ul justification or exouse, by any of the menns with which death may be caused, contrary to NMSA 1978, § 30-02+1 & 30-02-3. (a 1 ‘degree, capital felony) 1 SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BEST OF MY INFORMATION AND BELIEF. 1 UNDERSTAND THAT IT 1S A CRIMINAL OFFENSE SUBJECT TO THE PENALTY OF IMPRISONMENT TO MAKE A FALSB STATEMENT IN A CRIMINAL COMPLAINT. b64 Jessia M. Whittaker Complainant Now Moxico State - APPROVED: Assistant/Deputy District Attomey This Complaint may not be filed without the prior payment of a filing fee unless approved by the District Attorney or a Jaw enforcement officer authorized to serve an Arrest or Search Warrant, Approval of the District Attorney or a law enforcement officer is not otherwise required, Approved; Supreme Court, March 7, 1990; amended September 1, 1990; April I, 1991; Navember 1, 1 SCRA 1986, Form 9-2011 5gFe" PRI 8:40 FAX 575 588 7791 (@o11/016 2 CC) uN STATE OF NEW MEXICO COUNTY OF RIO ARRIBA IN THE MAGISTRATE COURT STATE OF NEW MEXICO No. Ys. Date filed:, Damian Herrera DOB: 11-23-95 SSN 7058 DefendantIN THE MAGISTRATE COURT COUNTY OF RIO ARRIBA STATE OF NEW MEXICO - | L. Ee D | N STATE OF NEW MEXICO, Tun 162 — = j | wNeea no, MUZ T2307. Co1Bly RRERA MAGISTRATE GOURT 7RS| DOB:11-23-95 RIO ARRIBA CO, | & Il SSNS-7058 Amended- CRIMINAL COMPLAINT CRIMES CHARGED: The undersigned, under penalty of perjury, complains and says that on or about June 15, 2017, in RIO ARRIBA County, New Mexico, the above named defendant did: COUNT 1: Murder in the 1 “degree (open charge) did kill (Manuel J SerranoJ, « human being, without lawful justification or excuse, by any of the means with which death may be caused, contrary to NMSA 1978, § 30-02-01. (a1 degree, cépital felony) I SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT THE FACTS SET FORTH ABOVE ARE TRUE TO THE BEST OF MY INFORMATION AND BELIEF. | UNDERSTAND THAT IT IS A CRIMINAL OFFENSE SUBJECT TO THE PENALTY OF IMPRISONMENT TO MAKE A FALSE STATEMENT IN A CRIMINAL COMPLAINT. KT. 5 Whittaker . Wee ant Assistait@Deputy District Attomey This Complaint may not be filed without the prior payment of a filing fee unless approved by the District Attorney or a law enforcement officer authorized to serve an Arrest or Search Warrant. Approval of the District Attorney or a law enforcement officer is not otherwise required. Approved: Supreme Court, March 7, 1990; amended September 1, 1990; April 1, 1991; November 1, 1991 SCRA 1986, Form 9-201