GUILTY NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017

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Looks like the docket has not been updated as the sentencing hearings have been moved to June. And I missed a hearing on 2/5....

Docket:
Event Date Event Description Event Result Party Type Party # Amount
02/09/2021 ORD: OF CONTINUANCE
Order Granting Joint Motion to Continue the Sentencing Hearing Currently Scheduled for March 1-3, 2021

02/03/2021 NTC: HEARING (STATUS)
Notice of Hearing - parties to appear on February 5, 2021 at 1:30 p.m.


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
06/03/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

06/01/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

05/24/2021 11:00 AM STATUS CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/05/2021 1:30 PM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session
 
Defense seeks minimum sentence for man in New Mexico boy’s death

May 20, 2021

he defense attorney for Jordan Anthony Nuñez, who pleaded guilty to counts tied to the 2017 beating death of 13-year-old Jeremiah Valencia, is seeking the minimum prison sentence of 14 years.


Mark Earnest filed a 58-page document Wednesday in the First Judicial District Court, arguing some charges against Nuñez should be merged and that his age at the time of the crime and lack of a criminal history warrant the minimum sentence.


That's all I can see on the article - I have no subscription....
 
Niner said:
Defense seeks minimum sentence for man in New Mexico boy’s death May 20, 2021....
Click to expand...
@Niner More from same article, w bbm sbm.
"State prosecutors are seeking the maximum 24 years when Nuñez is sentenced in early June.
Nuñez, 22, pleaded guilty in March 2020 to one count of recklessly permitting child abuse resulting in death and two counts of tampering with evidence. He is accused of helping his father, Thomas Wayne Ferguson, torture and kill Jeremiah at a home in Nambé in November 2017....
Prosecutors say Nuñez participated in Jeremiah’s beatings and stood by and watched as his father assaulted the boy. The defense has maintained Nuñez did not beat the boy and that his actions did not amount to a serious violent crime.
In the sentencing report, Earnest argued the two counts of tampering should be merged into one, reducing Nuñez’s maximum possible sentence to 21 years.

According to court documents, Nuñez was charged with one count of tampering for helping to roll Jeremiah’s body into a carpet and transport it to a detached garage at the home in Nambé where the boy had been living with his mother and younger sister, along with Ferguson and Nuñez.
Nuñez received a second count of tempering for helping to transport the boy’s body to the burial site.
“As alleged in the indictment and set forth in the plea agreement, it is clear that Count 2 and 3 are but steps in a single course of conduct,” Earnest wrote of the tampering charges. “The alleged acts took place over the course of a week, they are links in a chain of acts committed for a single purpose and they concern the same body.”
Prosecutors disagreed in a request for the court to deny the merger.
“Not only did Count 2 and Count 3 occur roughly six days apart, but the acts of tampering also occurred at different locations,” prosecutors wrote....
Earnest contended Nuñez was only 19... and had no prior criminal record. ...a history of abuse by his father — reasons to further reduce his sentence to 14 years.
A hearing in the case is scheduled Monday, with sentencing to be held June 1-3."

@Niner Hope it helps. And thank you for your countless updates.:):):)
 
Monday, May 24th:
*Status Conference Hearing (@ 11am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 22) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19. Plead not guilty. Held without bond.
Trial was set to begin on 3/30/20 with jury selection, but has changed his plea on 3/20/20. Trial was cancelled. Plead guilty on 3/20/20 to abuse of child & 2 counts of tampering with evidence, rest of charges were dismissed. Sentencing on 6/1, 6/2 & 6/3/21.
Court information from 8/10/18 thru 9/9/20 reference post #99 here:
GUILTY - NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
11/24/20 Update: Next status hearing on 12/7/20 and Order on Joint Motion to continue sentencing hearings from 12/14 to 12/16/20 to 3/1 to 3/3/21. 12/7/20 Update: Next sentencing hearings on 3/1, 3/2 & 3/3/21. 2/5/21 Update: Status conference hearing held. Continuance of sentencing on 3/1 has been continued to 6/1 & 6/3/21. Next status conference hearing on 5/24/21. His attorneys are asking for a minimum of 14 years as sentence. DA is seeking a minimum of 24 year sentence.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Was to testify against Nunez. 7/27/20 Update: Peña said nothing in court Monday when a state district judge sentenced her to 12 years in prison for failing to protect her 13-year-old son, Jeremiah Valencia, from being beaten to death. She was actually sentenced to 21 years but had nine suspended as part of a plea deal.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
Here's what he plead guilty to & what was dismissed:

Criminal Charge Detail
Party Count Seq # Statute Charge Class Charge Date Cit # Plea Disposition Disp Date
D 1 1 3 30-06-01(D) Intentional Abuse of a Child (Resulting in Death) Child Under 12 F1 11/24/2017 Guilty

D 1 2 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 3 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 4 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 5 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 6 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 7 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 8 4 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Guilty

D 1 9 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor Per Plea Agreement 03/20/2020

D 1 10 4 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Guilty

D 1 11 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor Per Plea Agreement 03/20/2020

D 1 12 3 30-22-5 Tampering with Evidence (Highest Crime a Third, Fourth or Indeterminate Degree Felony) F4 11/24/2017 Dismissed by Prosecutor / Nolle Prosequi 10/10/2019

D 1 13 3 30-6-4(A) & 31-19-1 Obstructing Report of Child Abuse or Neglect M 01/26/2018 Dismissed by Prosecutor Per Plea Agreement 03/20/2020


Docket:
Event Date Event Description Event Result Party Type Party # Amount
05/24/2021 ORD: ORDER
Order from Status Hearing

05/20/2021 ORD: EXTENDING TIME
Order Granting Motion for a One-Day Extension of Time to File Sentencing Memorandum

05/20/2021 MTN: MOTION D 1
Supplement to Joint Motion for In Person Sentencing

05/19/2021 MEMORANDUM D 1
Defendant Jordan Nunez's Sentencing Memorandum

05/19/2021 ORD: Order to Exceed Page Limit
Amended Order Granting Motion to Exceed Page Limits

05/19/2021 MTN: MOTION D 1
Defendants Motion for a One Day Extension of Time to File Sentencing Memorandum


Hearings:
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
06/03/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

06/01/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

05/24/2021 11:00 AM STATUS CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session
 
Looks like the sentencing hearing on 6/1/21 has been moved....

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
07/28/2021 9:15 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

07/27/2021 8:00 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

07/26/2021 8:00 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session
 
I hope he gets the maximum. Thanks for keeping updated as always niner.
 
Looks like sentencing was moved again...

Docket:
Event Date Event Description Event Result Party Type Party # Amount
07/01/2021 NTC: Hearing (Sentencing)
Notice of Hearing (Sentencing, October 12-14, 2021 at 8:30 am)

06/25/2021 NTC: HEARING (STATUS)
Notice of Hearing (July 1 2021 at 9:00 am)

06/25/2021 ORD: OF CONTINUANCE
Order Granting States Unopposed Motion to Continue and Vacate July 26, 27, and 28, 2021 Sentencing Hearing and Request for a Status Hearing to Confer About Dates of Availability

06/24/2021 REQUEST FOR HEARING/ SETTING
Request for Hearing

06/24/2021 MTN: TO VACATE
Unopposed Motion to Vacate and Continue Sentencing Hearing and Request for Status Hearing to Confer About Dates of Availability

05/26/2021 ORD: OF CONTINUANCE
Order Granting Joint Motion to Continue the Sentencing Hearing Currently Scheduled for June 1-3, 2021

05/25/2021 MTN: FOR CONTINUANCE
Joint Motion to Continue the Sentencing Hearing Currently Scheduled for June 1 3, 2021

05/25/2021 NTC: NOTICE 1
Notice of Errata


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
10/14/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/13/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/12/2021 8:30 AM SENTENCING HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

07/01/2021 9:00 AM STATUS CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT


link: Stale Session
 
Update on Docket:

10/05/2021 ORD: STIPULATED
Stipulated Order Permitting Dr. David Salsberg to Participate and Testify by Two-Way Video at the October 12-14 Sentencing Hearing

09/29/2021 EXHIBIT LIST P 1
State's Exhibit List for Sentencing Hearing

09/29/2021 ORD: ORDER GRANTING
Order Granting Unopposed Motion to Continue Exhibit Deadline for One Day

09/28/2021 MTN: FOR CONTINUANCE D 1
Unopposed Motion to Continue Exhibit Deadline for One Day


link: Stale Session
 
Tuesday, October 12th:
*Sentencing Hearing (Day 1 of 3) (@ 8am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 23) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with intentional abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19. Plead not guilty. Held without bond.
Trial was set to begin on 3/30/20 with jury selection, but has changed his plea on 3/20/20. Trial was cancelled. Plead guilty on 3/20/20 to intentional abuse of child & 2 counts of tampering with evidence, rest of charges were dismissed. Sentencing on 10/12 thru 10/14/21.
Court information from 8/10/18 thru 12/7/20 reference post #107 here:
GUILTY - NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
2/5/21 Update: Status conference hearing held. Continuance of sentencing on 3/1 has been continued to 6/1 & 6/3/21. Next status conference hearing on 5/24/21. His attorneys are asking for a minimum of 14 years as sentence. DA is seeking a minimum of 24 year sentence. 5/19/21: Defendant's motion for 1 day extension of time to file sentencing memo-granted on 5/20/21. 5/24/21 Update: Next sentencing hearing on 6/1 & 6/3/21. 5/28/21 Update: Sentencing has been rescheduled to 7/26 thru 7/28/21.
6/24/21: Unopposed Motion to vacate & continued sentencing hearing & request for status hearing to confer about dates of availability. 6/25/21: Order granting State's unopposed Motion to continue & vacate 7/26 to 7/28 sentencing hearing & request for a status hearing to confer about dates of availability. 7/1/21: Notice of hearing - sentencing hearing on 10/12 to 10/14/21. 9/28/21: Unopposed motion to continue exhibit deadline for 1 day-granted on 9/29/21. 9/29/21: State's exhibit list for sentencing hearing. 10/5/21: Stipulated order permitting Dr. David Salsberg to participate & testify by 2-way video at sentencing hearings.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Was to testify against Nunez. 7/27/20 Update: Peña said nothing in court Monday when a state district judge sentenced her to 12 years in prison for failing to protect her 13-year-old son, Jeremiah Valencia, from being beaten to death. She was actually sentenced to 21 years but had nine suspended as part of a plea deal.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
Wednesday, October 13th:
*Sentencing Hearing (Day 2 of 3) (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 23) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with intentional abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19). Plead not guilty. Held without bond.
Trial was set to begin on 3/30/20 with jury selection, but has changed his plea on 3/20/20. Trial was cancelled. Plead guilty on 3/20/20 to intentional abuse of child & 2 counts of tampering with evidence, rest of charges were dismissed. Sentencing on 10/12 thru 10/14/21.
Court information from 8/10/18 thru 9/29/21 reference post #114 here:
GUILTY - NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
10/5/21: Stipulated order permitting Dr. David Salsberg to participate & testify by 2-way video at sentencing hearings.
10/12/21 Update: Opening statements by 1st Judicial District Attorney Mary Carmack-Altwies. Nunez delivered the final blow that killed his 13-year-old brother by repeatedly flipping a dog crate in which the boy was confined, a prosecutor said Tuesday during the first day of Nunez’s sentencing hearing. Two people left District Judge Matthew J. Wilson’s courtroom in tears Tuesday afternoon as gruesome & horrifying images of the battered & decomposing body of 13-year-old Jeremiah were displayed. The disturbing pictures punctuated the start of a three-day sentencing hearing that began Tuesday for Nuñez, who pleaded guilty to child abuse & two counts of tampering with evidence for his role in the death of the boy in November 2017. Prosecutors contend Nunez should receive the maximum sentence of 24 years in prison. Prosecutors are asking District Judge Matthew Wilson to rule the crime a serious violent offense, which would require Nunez to serve at least 85% of his sentence before he would become eligible for parole. Defense attorney Mark Earnest did opening statements. He said that the real “monster” in this case was Nunez’s father, Thomas Ferguson, who devised Jeremiah’s punishments & terrorized Nunez & other family members. Prosecutors responded that Nunez in fact was “monster 2.0” who participated with Ferguson in Jeremiah’s torture & abuse and, after the boy’s death, helped wrap the body in plastic & bury it. Sentencing hearing continues on 10/13/21.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Was to testify against Nunez. 7/27/20 Update: Peña said nothing in court Monday when a state district judge sentenced her to 12 years in prison for failing to protect her 13-year-old son, Jeremiah Valencia, from being beaten to death. She was actually sentenced to 21 years but had nine suspended as part of a plea deal.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
Thursday, October 14th:
*Sentencing Hearing (Day 3 of 3) (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 23) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with intentional abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19). Plead not guilty. Held without bond.
Trial was set to begin on 3/30/20 with jury selection, but has changed his plea on 3/20/20. Trial was cancelled. Plead guilty on 3/20/20 to intentional abuse of child & 2 counts of tampering with evidence, rest of charges were dismissed. Sentencing on 10/12 thru 10/14/21.
Court information from 8/10/18 thru 10/5/21 & sentencing (Day 1) 10/12/21 reference post #116 here:
GUILTY - NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
10/13/21 Sentencing Day 2: Multiple witnesses took the stand Wednesday afternoon – people who knew Nuñez long before these charges. Nuñez's grandfather took the stand, telling the court that Nuñez's father, Thomas Ferguson, was abusive. A dog crate where Jeremiah was forced to sleep & where he died in 2017 has been put on display by prosecutors during a sentencing hearing. Sentencing hearing continues on 10/14/21.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Was to testify against Nunez. 7/27/20 Update: Peña said nothing in court Monday when a state district judge sentenced her to 12 years in prison for failing to protect her 13-year-old son, Jeremiah Valencia, from being beaten to death. She was actually sentenced to 21 years but had nine suspended as part of a plea deal.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
Sentencing hearing continues for Jordan Nuñez

October 14, 2021
A psychiatrist Dr. Jeffrey Rowewho testified for the defense Thursday said Nuñez suffered from PTSD, ADHD & learning disabilities. He also talked about Nuñez's relationship with his abusive father when it came to the abuse of Jeremiah.
[.....]
The sentencing hearing will continue Friday, 10/15/21.
 
Friday, October 15th:
*Sentencing Hearing (Day 4 of 4) (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018 in northern NM; been tortured for years; forced to live in dog kennel) – for *Jordan Anthony Nuñez (19/now 23) (Ferguson’s son) arrested & charged (1/29/18) & arraigned (4/23/18) with intentional abuse of a child resulting in death (F1), 4 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Charged & indicted (8/30/19) with 7 additional counts of child abuse. Charges (Counts 2 thru 7 & count 12) were dismissed on 10/15/19). Plead not guilty. Held without bond.
Trial was set to begin on 3/30/20 with jury selection, but has changed his plea on 3/20/20. Trial was cancelled. Plead guilty on 3/20/20 to intentional abuse of child & 2 counts of tampering with evidence, rest of charges were dismissed. Sentencing on 10/12 thru 10/15/21.
Court information from 8/10/18 thru 10/5/21 & sentencing (Day 1-2) 10/12/21-10/13/21 reference post #118 here:
GUILTY - NM - Jeremiah Valencia, 13, beaten to death by mom's BF; body buried in plastic bin, Nov 2017
10/14/21 Sentencing Day 3: A psychiatrist Dr. Jeffrey Rowewho testified for the defense Thursday said Nuñez suffered from PTSD, ADHD & learning disabilities. He also talked about Nuñez's relationship with his abusive father when it came to the abuse of Jeremiah. The sentencing hearing will continue Friday, 10/15/21.
*Tracy Ann Pena (35) “mom” - Plead guilty (11/28/18) to child abuse resulting in death. Also plead guilty to 3 counts of conspiracy to traffic a controlled substance, but the 9 year sentence was suspended. In plea deal she will receive 12 years in prison. Was to testify against Nunez. 7/27/20 Update: Peña said nothing in court Monday when a state district judge sentenced her to 12 years in prison for failing to protect her 13-year-old son, Jeremiah Valencia, from being beaten to death. She was actually sentenced to 21 years but had nine suspended as part of a plea deal.
*Thomas Wayne Ferguson (42) (mom’s BF) - Ferguson committed suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
 
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