Reeve Swainston, Esq.
Reeve Swainston, Esq.

@ReeveSwainston

16 Tweets 142 reads Sep 11, 2023
I live in New Mexico where the governor just unilaterally vacated the 2nd Amendment. Her order will be enjoined this coming week, I hope, so I will focus on the underlying issue. A brief thread follows:
Albuquerque is one of the most dangerous, most deadly cities in the country. Per capita, not much comes close. Our property crime is equally horrendous. No-one who lives here hasn't been touched directly by car thefts, car break-ins, home burglaries, and so much more.
Violent crime has spiked dramatically in the last few years under this Gov's administration. Repeat violent offenders are never held in custody pending trial bc the bail reform laws and court decisions provide for what is effectively a presumption of release.
There was a time when those of us in law enforcement would say "10% of the offenders commit 90% of the crime", but since crime, even violent crime, is no longer illegal in New Mexico, that lower 10% has ballooned to an unknown level, but it is much higher now than ever.
I.E., there's FAR more repeat offenders of every type and style of crime bc they know there are NO consequences for their crimes. If you're willing to spend a night or two in the county lock-up, once released, you are free to offend again, and again, and again . . . and they do!
The courts, the district attorney's office, obviously also play a role. In our local system of justice, coddling criminals has become a way of life by both. Judges dismiss cases when they shouldn't or give probation on cases that call for serious jail time.
The District Attorney, a former high profile defense attorney appointed by the Governor herself, claimed he was gonna "crush crime". He hasn't. Maybe he could use a little more time to prove his worth, but so far, his office has failed miserably.
A child was murdered in a road rage incident. So the Gov issued an order targeting law abiding citizens. Why didn't she demand a "no stone unturned" approach to targeting that violent offender? Why misplace her rage against those who have nothing to do with that or any crime?
It's bc in NM we coddle our criminals.
Our cops lost Qualified Immunity at HER hands, so they're turning the other way when they would normally make arrests on many, serious matters. They're afraid to police in an environment where the Gov, etc., hate them and won't defend them!
New Mexico's citizens have been abandoned. Often, if you need an officer for any crime related issue, you're lucky if you get a response at all.
We are on our own.
If she truly cared about our citizens in this desperate, suffering community overwhelmed by violent assaults, murders & theft, she'd do this:
1) Order the State Police to lead a Strike Force that focuses on the countless repeat violent offenders I've already described;
2) Restore Qualified Immunity;
3) Demand all violent offenders be held in custody pending trial unless THEY can prove by clear and convincing evidence that they are not a flight risk or a danger to the community;
4) Move for the Impeachment of ANY judge who refuses;
5) Remove any DA who refuses to aggressively prosecute violent offenders or who offers weak plea deals for them;
6) Demand the legislature pass new crime bills that call for harsh mandatory sentencing for certain crimes, especially any violent crime involving a firearm;
7) For property crime, force the legislature to formulate a new approach that actually calls for serious prison time after two prior convictions. There should also be a presumption of detention for any offender, regardless of the offense, who has two or more convictions;
So, if she truly wants to make a difference in this community, she'd bring out the hammer for those actually committing the crimes against those who she targeted in her unconstitutional order.
The truth is everyone knows what works, they just won't do it . . .

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