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

 

[Clorisa]

Just so everyone knows this is Clorisa Covington javon and Elijah's mother and I just want everyone to know that I did not know who Fabian Gonzalez was when I met him back in March of 2020 he had lied to me and told me his name was Robert so when I was with him I did not know about the Victoria Martin's case I did ask about his ankle monitor he said he was blamed for something he didn't so never went into detail. I'm from the state of Kentucky I just moved here in February of 2020 and I've never heard anything about the case before until last year in July when all that went down with the healthcare for the the homeless an cyfd. Not too long after that my children was removed out of my care due to me being in a relationship with Fabian Gonzalez . I am not with Fabian Gonzalez he is currently married an his wife has a 8yr daughter they are not doing about her but that besides the point. I already told cyfd how u felt because it that they take my kids but she still can be married n live under the same roof an he be left alone with her daughter an they not saying about it. I have not been with him, yes I have a son by him but my son does not have any ties other then with CYFD to do his supervised visitations with him that I am against them i do plan on asking for sole custody of my son once cyfd is out the picture. ( The only reason why CYFD is in the picture cuz it was safety concerns of Fabian but the baby was released to me in my care under my supervision because there was no safety concerns for him at my house) Yes I took my children from CYFD custody because CYFD was allowing them to be mistreated and abused in the foster home that they were in(because I made my statement my children have been placed at a different Foster family and she is fabulous with my children and there has been no more concerns of abuse since they've been moved) I have legit pictures and proof (and my 6-year-olds testimony to being abused at the foster home) to file a case for abuse if I want. so once they come home i do plan to make a social media page to explain my situation that I had with CYFD due to the neglect in the abuse in the foster parent home at the time my kids was in custody... I am currently and have been working my CYFD plan and my kids plan to come home very soon so I just want everyone to please stop bad mouthing me because I'm not a monster I'm a great mother and I would never put my children's in harm way as soon as I found out what the situation was I tried to remove myself and my children(but people have to understand that I didn't know what could happen to me if I moved too quickly with that situation cuz I didn't want anything to happen to my children because I don't know who this man is) but cyfd was at my door before I even had a chance to remove my children an my self so please people know your facts before you start talking about people and judging people because people do lie and people are not always honest and my life has been a living hell since I've found out who Fabian Gonzalez was. now that I'm no longer with him and have no ties to him I've actually live in peace now and my kids are finally coming home. And as far as the incident goes on February 9th I did not block that caseworker, when we left the appointment I told her that I was taking my children and I would meet her at the state police office and when she started saying I can do this I told her yes I can just like u thing you can keep abusing my children. I took my kids to prove a point to cyfd that you're not going to continue to abuse and neglect my children in the foster home an I sit back an watch it what kind of mother would I be to allow you an not say . when they had a perfectly safe home with me regardless of who I was with cuz I was in the process of leaving him and placing them in a safe home. They put my children with foster parents who don't give two f**** about my children. so many children have died in cyfd custody that it's ridiculous I didnt want the same thing to happen to my boys. and I cannot believe people are actually fighting for CYFD to take children. I understand that there are some cases that they should have been involved with but mine is not one that they should have never took my children. I had not prior cases. They never give me a chance to take action and they never even give me a chance to show them that I could keep my children safe they just automatically remove them because of Fabian and it's and I'm still going through all this because of him he not even in the picture ( we split up in October) I'm not with him and my babies are coming home and I get weekly visits with them and I have mine n Fabian son. He is in great care with me. Cyfd gave me physical custody until we go before a judge for the safety concerns of Fabian. that should tell you guys something right there that I'm not a bad mother I have been found fit to keep my newborn baby so please if you would stop bad mouthing me because I do have children in this world who will see this stuff and it's not fair to them that people are judging the situation when they don't even know what's going on my kids an i are innocent and we are victims to Fabian Gonzalez lies.

 

[Niner]

@Clorisa - I do see you did plead guilty to a couple of charges & the other 2 were dismissed. Glad to hear you will be getting your kids back. And yes - that Fabian dude is a bad one...
Good luck to you in the future!

 

[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