Carlsbad releases police reports on shooting to Current-Argus

Lina Portman2 weeks ago

0 3 minutes read

Editor's note: Visit the Carlsbad Current-Argus at www.currentargus.com for more details about the incident from police reports provided via an Inspection of Public Records Act request.

Police reports of a shooting that left a Carlsbad teenager dead in December 2023 and led to manslaughter charges against another boy have been released to the Carlsbad-Argus Current after six months.

The documents were provided after the city of Carlsbad initially denied access to the newspaper, a position initially supported by the New Mexico Department of Justice but later reversed. THE Carlsbad-Argus Current received the requested reports digitally on June 12, six days ahead of the date set by the state Department of Justice for compliance.

THE Carlsbad-Argus Current and the New Mexico Foundation for Open Government (NMFOG) challenged the DOJ's initial position, and the agency issued a reverse notice on June 3 ordering that the reports be delivered to the journal within 15 days by June 18 .

Former editor-in-chief of Carlsbad-Argus Current Jessica Onsurez, who headed the newspaper's news operations at the time of the request and subsequent litigation, is chair of the NMFOG board of directors.

The files provided contained police reports and accounts written by officers about the shooting that occurred around 10:30 p.m. on Dec. 19 at a home in the 300 block of Baler Street. Carlsbad High School student Jasper Powell, 16, was shot in the abdomen and later died at Carlsbad Medical Center. Another teen was charged with involuntary manslaughter, records show.

Police reports included the names of witnesses and the 17-year-old suspect involved in the shooting, as well as redacted Social Security numbers and home addresses.

Records released after city of Carlsbad attempts to withhold police reports

The city's objection to releasing the documents stemmed from its interpretation of a section of the New Mexico Constitution known as the “children's code.” This section of state statutes protects children's personal information in records held by the Department of Children, Youth, and Families (CYFD).

Carlsbad City Attorney Denise Madrid Boyea argued in a January email to Onsurez that the children's code extends to requested police reports belonging to the Carlsbad Police Department and that the city could face to criminal sanctions if she disclosed the documents.

“We believe that these records are prohibited from being released to the public because they are confidential pursuant to NMSA 32A-2-32A, which provides in relevant part: 'All records relating to the child…are confidential and shall not be disclosed'. disclosed directly or indirectly to the public,” Madrid Boyea wrote.

Onsurez and Carlsbad-Argus Current filed a complaint with the Department of Justice, arguing that the city's position and actions violated the Inspection of Public Records Act (IPRA). The complaint included an opinion from NMFOG Executive Director Melanie Majors who asserted that the materials were not exempt from IPRA.

The DOJ supported Madrid Boyea and the city's position, closing the case on March 25. NMFOG Legal Director Amanda Lavin responded to the DOJ's first letter, emphasizing that the exemption cited by the city only applied to CYFD records, not police reports.

“I am concerned that the position you take in your letter is not based in law and will expose public agencies to liability for violations of IPRA if they also rely on current NM DOJ guidance under the form of the most recent guide. such as disposition letters such as those attached,” Lavin wrote.

The DOJ reopened the case and reversed its opinion in June, ordering the city to turn over requested police reports, which it did nine days later.

“Having carefully reconsidered the positions of the City and the Registrants in light of the additional documents and information you have provided, we conclude that NMSA 1978, Section 32A-2-32(A) of the Delinquency Act – on which the City relies on – does not constitute an exception to the IPRA to prevent the production of responsive records in this case,” reads the June 3 DOJ letter signed by Special Counsel Sean Sullivan.

Adrian Hedden can be reached at [email protected] Or @AdrianHedden on the social media platform

Records released after city of Carlsbad attempts to withhold police reports

Lina Portman

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