Found Alive NM - Elijah Covington, 3, & Javon Rosales, 6, Albuquerque, 9 Feb 2021

[Niner]

Looks like her case got moved to District Court with a new case #.

Docket:
2/15/21 Felony Public Defender Entry of Appearance
Entry of Appearance, Request for Notice of Grand Jury Proceedings or Preliminary Hearing and Discovery, and Speedy Trial Demand.
02/11/2021 ORD: Transfer to District Court-Pretrial Detention Motion

link: Stale Session


District court:
Case Detail
Case Number Current Judge Filing Date Court
D-202-LR-202100116 Loveless, Brett R. 02/11/2021 ALBUQUERQUE DISTRICT

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
02/18/2021 2:45 PM DETENTION HEARING Weaks, Courtney B. ALBUQUERQUE DISTRICT COURT Courtroom 420

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
02/15/2021 ENTRY OF APPEARANCE D 1
LR EOA

02/12/2021 MTN: MOTION P 1
Notice of Compliance and Motion for Order of Protection

02/12/2021 ORD: ORDER
DISCOVERY ORDER

02/12/2021 NTC: NOTICE
DETENTION HEARING SET 2/18/2021 @ 2:45 IN POD F

02/11/2021 ORD: TRANSFER ORDER

02/11/2021 OPN: Petition for Pretrial Detention 5-409 P 1
T4FR2021595

link: Stale Session

 

[Niner]

Thursday, February 18th:
*Detention Hearing (@ 2:45pm PT) – NM – Elijah Covington (3) & Javon Rosales (6) (abducted on Feb. 9, 2021 by their mother, Albuquerque; found Feb. 10, 2021) - *Clorisa Renee Covington (26) arrested (2/10/21) & charged (2/11/21) with custodial interference (no right to custody), child abuse & aggravated assault (deadly weapon). Held without bond until next hearing.
“The Albuquerque Police Department has issued an Amber Alert Tuesday for two children, Elijah Covington, and Javon Rosales. APD says the children were abducted from CYFD custody by their mother Clorisa Renee Covington (ex-GF of Fabian Gonzales) who does not have custody. Police say they were last seen at 11:20 a.m. on Tuesday, February 9, 2021, at a dental office on Menaul near San Mateo in northeast Albuquerque.” Elijah and Javon are in CYFD custody. Their mother, Clorisa Renee Covington took the boys from their dental appointment without permission or authority to do so. Clorisa was last seen driving a small grey SUV style vehicle with a temporary tag. There are concerns for Javon and Elijah’s safety due to them being removed from Clorisa’s custody by CYFD. Gonzales's attorney says he’s no longer dating the mother of the missing boys and has no idea where she or her sons are now. He added, that Gonzales wears an ankle monitor and authorities know where he is at all times.
2/10/21: The Albuquerque Police Dept. says 3-year-old Elijah Covington & 6-year-old Javon Rosales have been found safe. APD also says their mother, Clorisa Renee Covington has been arrested. Covington was arrested at the Suburban Extended Stay hotel on Carlisle Blvd. near Menaul Blvd Wednesday. Leading up to her arrest, KRQE News 13 crews on the scene captured video of officers surrounding the room & calling for her to come out with the children. The boys were found Wednesday (2/10/21) at the hotel. On Tuesday (2/9/21), APD issued an Amber Alert for the two children. APD says the children were abducted from CYFD custody by their mother who does not have custody.
2/11/21 Update: Initial appearance: Judge Yvette K. Gonzales & DA Lara Maierhofer. Motion to compel selection of Counsel & entry of appearance. Request for hearing. Motion for pretrial detention. Probable cause determination-Found. Transfer to District Court-pretrial detention motion. Charged with Custodial interference (no right to custody), child abuse & aggravated assault (Deadly weapon). Judge to Covington: "You will have a hearing within the next week for that pretrial detention to determine if you should be held until your trial setting you have until you have until Feb. 25 of 2021 to either take her to grand jury or have a preliminary hearing on her case so you're not going anywhere at this point Miss Covington your next hearing will be in front of a district court judge OK”.
2/12/21: Notice of compliance & motion for order of protection. Next detention hearing on 2/18/21 @ 2:45pm in District Court.

 

[Niner]

No next court date yet.

Docket update:
Event Date Event Description Event Result Party Type Party # Amount
02/18/2021 AUDIO LOG NOTES
Court Room 420; 2:46:50 - 3:18:28

02/17/2021 MTN: TO COMPEL D 1
DEFENDANT'S EMERGENCY MOTION TO COMPEL, NOTICE OF NONCOMPLIANCE, AND DEFENDANT'S RESPONSE TO STATE'S MOTION FOR PROTECTIVE ORDER

02/15/2021 ENTRY OF APPEARANCE D 1
LR EOA

link: Stale Session

 

[Niner]

New case #D-202-CR-202100319

Criminal Charge Detail
Party Count Seq # Statute Charge Class Charge Date Cit # Plea Disposition Disp Date
D 1 1 1 30-6-1(D) & (E) Abuse of a Child (Does Not Result in Death or Great Bodily Harm) F3 02/09/2021
D 1 2 1 30-4-4(C) & 31-18-15 Custodial Interference (No Right to Custody) F4 02/09/2021
D 1 3 1 30-4-4(C) & 31-18-15 Custodial Interference (No Right to Custody) F4 02/09/2021
D 1 4 1 30-3-2(A) Aggravated Assault (Deadly Weapon) F4 02/09/2021

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
02/19/2021 OPN: CRIMINAL INFORMATION / COMPLAINT
DA#: 2021-00956-1
02/19/2021 NTC: Hearing (Preliminary)

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
02/25/2021 1:00 PM PRELIMINARY HEARING Baca-Miller, Britt M. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session

 

[Niner]

Thursday, February 25th:
*Preliminary Hearing (@ 1pm PT) – NM – Elijah Covington (3) & Javon Rosales (6) (abducted on Feb. 9, 2021 by their mother, Albuquerque; found Feb. 10, 2021) - *Clorisa Renee Covington (26) arrested (2/10/21) & charged (2/11/21) with 2 counts of custodial interference (no right to custody), child abuse (does not result in death) & aggravated assault (deadly weapon). Held without bond until next hearing.
Kidnapping info & court info from 2/10/21 thru 2/11/21 reference post #42 here:
Found Alive - NM - Elijah Covington, 3, & Javon Rosales, 6, Albuquerque, 9 Feb 2021
2/12/21: Defense’s Notice of compliance & motion for order of protection. Next detention hearing on 2/18/21 @ 2:45pm. 2/17/21 Update: Defendant's emergency Motion to Compel, Notice of noncompliance & defendant's response to State's Motion for protective order. 2/18/21 hearing held. 2/18/21 Update: New case #D-202-CR-202100319 preliminary hearing on 2/25/21.

 

[Niner]

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
02/25/2021 ENTRY OF APPEARANCE P 1
Entry of Appearance

02/25/2021 WITNESS LIST P 1
Notice of Intent to Call Witnesses

02/25/2021 NTC: VICTIMS CRIME ACT P 1
Notice of Applicability of Victims Crimes Act

02/25/2021 DEMAND FOR ALIBI P 1
Demand for Notice of Intention to Claim Alibi and or Entrapment

02/25/2021 CERTIFICATE OF READINESS P 1
Certification Pursuant to LR2-308(B)(2)

02/25/2021 ORD: STIPULATED P 1
CONFIDENTIALITY & CYFD DICLOSURE LR21-116

02/25/2021 Public Safety Assessment

02/25/2021 NTC: HEARING (ARRAIGNMENT)

02/25/2021 AUDIO LOG NOTES
Court RM 620 1:34:12 - 1:44:01

02/22/2021 ENTRY OF APPEARANCE D 1
DEFENSE COUNSEL'S ENTRY OF APPEARANCE, REQUEST FOR DISCOVERY, DEMAND FOR EXCULPATORY INFORMATION, AND DEMAND FOR A SPEEDY TRIAL


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/01/2021 8:50 AM ARRAIGNMENT Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

02/25/2021 1:00 PM PRELIMINARY HEARING Baca-Miller, Britt M. ALBUQUERQUE DISTRICT COURT Courtroom 620


link: Stale Session

 

[Niner]

Monday, March 1st:
*Arraignment Hearing (@ 8:50am PT) – NM – Elijah Covington (3) & Javon Rosales (6) (abducted on Feb. 9, 2021 by their mother, Albuquerque; found Feb. 10, 2021) - *Clorisa Renee Covington (26/now 27) arrested (2/10/21) & charged (2/11/21) with 2 counts of custodial interference (no right to custody), child abuse (does not result in death) & aggravated assault (deadly weapon). Held without bond until next hearing.
Kidnapping info & court info from 2/10/21 thru 2/17/21 reference post #45 here:
Found Alive - NM - Elijah Covington, 3, & Javon Rosales, 6, Albuquerque, 9 Feb 2021
2/18/21 Update: New case #D-202-CR-202100319 preliminary hearing on 2/25/21. 2/22/21: Defense counsel's entry of appearance, request for discovery, demand for exculpatory info & demand for a speedy trial. 2/25/21 Update: Prosecutor demand notice of intention for claim alibi and/or entrapment. Notice of applicability of victims' crimes act. Notice of intent to call witnesses. Next arraignment hearing on 3/1/21.

 

[Niner]

Docket:
Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
03/01/2021 ORD: ORDER
OF PROTECTION; CR21-319; LR21-116

03/01/2021 ORD: Bind-Over Order

03/01/2021 ORD: CONDITIONS OF RELEASE
NO BOND, NO CCP; PRETRIAL DETENTION GRANTED

03/01/2021 NOT GUILTY PLEA
AT ARRAIGNMENTS BEFORE JUDGE LOVELESS; NO BOND, NO CCP 5-409 HOLD CONTINUED


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/19/2021 8:15 AM SCHEDULING CONFERENCE Baca-Miller, Britt M. ALBUQUERQUE DISTRICT COURT

03/01/2021 8:50 AM ARRAIGNMENT Loveless, Brett R. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session

 

[SunnyTurtle]

I was curious how custodial interference differed from regular kidnapping charges in terms of sentencing. This is what I found:

Custodial interference is a fourth degree felony, with a basic sentence of up to 18 months. Regular kidnapping, on the other hand, is a first degree felony ("except that he is guilty of a second degree felony when he voluntarily frees the victim in a safe place and does not inflict physical injury or a sexual offense upon the victim," which I don't think would apply here, given the child abuse charges) with a basic sentence of up to 18 years.

The fact that she gave birth to them makes the difference between 18 months and 18 years. That is so messed up.

 

[Niner]

Looks like her 3/19 hearing has been continued....

Docket:
Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
03/05/2021 RETURNED MAIL D 1
ATTEMPTED NOT KNOWN; UNABLE TO FORWARD

03/05/2021 NTC: HEARING (DOCKET CALL)
SET FOR 11/05/21 @ 1:30

03/05/2021 ORD: SCHEDULING/PRETRIAL ORDER P 1
TRACK 2 (3 DAYS)

03/05/2021 ORD: Track 2 Assignment Order


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
11/05/2021 1:30 PM DOCKET CALL Baca-Miller, Britt M. ALBUQUERQUE DISTRICT COURT

03/01/2021 8:50 AM ARRAIGNMENT Loveless, Brett R. ALBUQUERQUE DISTRICT COURT

link: Stale Session

 

[Niner]

Update on case:

Party Count Seq # Statute Charge Class Charge Date Cit # Plea Disposition Disp Date
D 1 1 2 30-6-1(D) & (E) Abuse of a Child (Does Not Result in Death or Great Bodily Harm) F3 02/09/2021 Dismissed by Prosecutor Per Plea Agreement 04/27/2021

D 1 2 3 30-4-4(C) & 31-18-15 Custodial Interference (No Right to Custody) F4 02/09/2021 Guilty Deferred 04/27/2021

D 1 3 3 30-4-4(C) & 31-18-15 Custodial Interference (No Right to Custody) F4 02/09/2021 Guilty Deferred 04/27/2021

D 1 4 2 30-3-2(A) Aggravated Assault (Deadly Weapon) F4 02/09/2021 Dismissed by Prosecutor Per Plea Agreement 04/27/2021

Docket:
5/28/2021 ORD: WITHDRAWAL/ SUBSTITUTION OF COUNSEL D 1
04/29/2021 ORD: Setting Conditions of Release - Probation
ROR

04/29/2021 NTC: ENTRY OF JUDGMENT
J&S FILED 4-29-21

04/29/2021 CLS: ORDER DEFERRING SENTENCE
SENTENCE IS DEFERRED FOR 18 MONTHS; 81 DAYS PRE-SENT CREDIT; 5 YEARS SUPERVISED PROBATION WITH CONDITIONS; PAY FEES

04/27/2021 PLEA & DISPOSITION AGREEMENT

04/27/2021 NO CONTEST/GUILTY PLEA PROCEEDING
I/C; ZOOM; GUILTY PLEA CT 2, CT 3 GUILTY PLEA; OTHER CHARGES DISMISSED; EACH CHARGE HOLDS 18 MONTHS MDC WITH 1 YEAR PAROLE POTENTIALLY; CHARGES TO RUN CONSECUTIVE; SENTENCE IS DEFERRED; 5 YEARS SUPERVISED PROBATION; COMPLETE SANTA FE RECOVERY OR ANY PROGRAM SIMILAR, ANYTHING THAT CYFD OR PROBATION FIND APPROPRIATE, RANDOM UA'S, NO DRUGS/ALCOHOL, ANY RESTITUTION AS DETERMINED BY PROBATION, STEPS, NO WEAPONS, NO CONTACT WITH CASE WORKER, WAIVE PROBATION COSTS, $100 DNA, $5 DV, $75 REPARATION, TO BE RELEASED 5/3/2021 TO BE ADMITTED INTO PROGRAM 5/4/2021


link: Stale Session