Copyright © 2014 Albuquerque Journal
In a court document that charged retired police officer Jack McDowell with murder, police said witnesses were too scared of McDowell to talk to authorities, which was one of the reasons it took 18 months to investigate the case and bring charges.
Now, attorneys representing Jack McDowell and his son, John McDowell, say witnesses to the alleged crime have left town or refused to attend pretrial interviews.
JACK McDOWELL: Was State Police officer
JOHN McDOWELL: Also charged in killing
Thirteenth Judicial District Judge George Eichwald in court this week ordered one of those witnesses, Casey Williams, to meet with attorneys for an interview. Williams has told police she was in a Rio Rancho home when three men burst in and killed James Chavez, but she has skipped repeated interviews with attorneys in the case, according to court documents.
“You just need to show up at the interview and be truthful,” Eichwald told Williams in court. Williams was in tears during the 30-minute hearing on Tuesday.
District Attorney Lemuel Martinez said an interview has been scheduled for June 19. If Williams skips it, he said, she will be arrested.
Leonard Foster, Williams’ attorney, said his client missed the most recent interview with attorneys because she didn’t have a ride.
CHAVEZ: Was killed in Rio Rancho in July 2011
The McDowells are facing an open count of murder and tampering with evidence charges in connection with Chavez’s death. The third man who was allegedly part of the attack, Anthony VillaGomez, hasn’t been charged and is also a prosecution witness, according to court documents.
Chavez was stabbed to death in his foreclosed home in Rio Rancho in July 2011. The father and son were arrested in January 2013.
Police said Williams and her boyfriend, David Dinelli, were in the home before Chavez was killed, though Dinelli jumped out of a window when the intruders arrived. Williams was forced in the garage and told police she heard Chavez scream as a man matching Jack McDowell’s appearance apparently attacked him, according to court documents.
Robert Cole, Jack McDowell’s attorney, said Dinelli has skipped town and can’t be found. Cole said Dinelli is no longer on the witness list.
Martinez said there is a warrant for Dinelli’s arrest for an unrelated case, but police have not been able to find him. He said prosecutors still plan to call Dinelli to the stand at trial.
Boglarka Foghi, John McDowell’s attorney, said the struggle to interview witnesses has slowed trial preparation.
A trial date hasn’t been set.
The McDowells are in custody at the Sandoval County jail on $1 million cash-only bonds. They have pleaded not guilty to the charges against them.
Jack McDowell was a New Mexico State Police officer for 20 years, retiring in 1998.
Police said in court documents that Jack McDowell had ties to the Bandidos outlaw motorcycle gang and that he sold methamphetamine and firearms and made silencers in his garage.
Cole said those allegations are based on statements from Dinelli and Williams and are not true. He said police exaggerated McDowell’s reputation in the affidavits to search his home and arrest him.