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

[Niner]

Thank you for the bit in the article LietKynes. Much appreciated. And October, gotcha!
I wouldn't think she would be afraid of Nunez, as she seems to say "nice" things about him, and said she felt save with him. Don't know about the mother though. Since she let Jeremiah get beaten up - who knows!

 

[Niner]

okay - here's another article that is banned here in the EU!! If someone can give me/us a 10% synopsis - it would be very much appreciated! And it there's a court date in there - please post!

TIA!

Authorities find homemade spear possibly used to torture slain Nambé boy

 

[MicheleT]

I think this is 10%.

Just last week, the search warrant shows, detectives might have found one of the alleged torture devices.
In an affidavit for the warrant, detective Ernest Alderete explained that in early August he received confirmation that blood on a sledgehammer recovered from the trunk of a car was a match for Valencia.
As Alderete was looking at photos of the sledgehammer that detectives had taken for evidence, he saw a “spear-like object in the background of the photograph,” he wrote in the affidavit.

 

[Niner]

Here's an update on what's happening in this case.

*Evidentiary Hearing (@ 8:30am MT) – (NM) – Jeremiah Valencia (13) (missing mid-Nov. 2017; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Tracy Ann Pena (35) “mom” arrested & charged (1/29/18) with abuse of a child resulting in death (F1), intentional abuse of a child (F1), 4 counts of tampering with evidence (F4), 5 counts conspiracy to commit tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
*Jordan Anthony Nunez (19) (Ferguson’s son) arrested & charged (1/29/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M) Plead not guilty. Held without bond.
*Thomas Wayne Ferguson (42) (mom’s BF) arrested & charged (1/29/18) 1st degree murder, 2 counts of 1st degree kidnapping, 12 counts of tampering with evidence, intentional abuse of child, conspiracy to commit child abuse & obstructing report of child abuse/neglect. Held without bond. Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
8/10/18 Update: Judge will allow 13 year old to testify in trial.
9/1/18 Update: For Valencia & Nunez: Evidentiary hearing re Response to State's Motion for Protective Order and Motion to Quash; State's Reply to Defendant's Response to the State's Expedited Motion for Protective Order and Motion to Quash on 9/5, Pretrial hearing 12/21, Docket call 1/23/19, Status hearing 2/27 & Jury selection 3/19/19.

 

[Niner]

Update on what will happen in today's hearing:

Prosecutors believe Jordan Nunez - not his dad - killed Jeremiah Valencia

SANTA FE — Prosecutors now believe that 20-year-old Jordan Nunez, not his father Thomas Ferguson, is the one who killed 13-year-old Jeremiah Valencia last November, according to new court documents.

The documents also say that Nunez repeatedly tortured Jeremiah with a homemade spear and a button-controlled shock collar and that Jeremiah’s mother, 36-year-old Tracy Ann Pena, and younger sister also may have taken part in the torture, although the girl may have done so against her own will.
[.....]
In an amended motion for pretrial detention for Nunez and Pena filed Friday, Santa Fe Deputy District Attorney Todd Bullion claims that Nunez killed Jeremiah – whereas previous court documents indicated that it may have been Ferguson – and that Nunez bragged about it to a friend on Facebook by saying that he “took someone off the map” and “did some dirt.”
[.....]
Chief Deputy District Attorney Jennifer Padgett also filed an motion for pretrial detention against Pena. The prosecutor writes that Pena openly spoke with Ferguson about beating Jeremiah while Pena was in jail in August 2017.
[.....]
Pena’s lawyer has not responded to the motion as of press time. Jeremiah’s sister is expected to testify at the hearing.

 

[Niner]

Nunez:

09/05/2018 MTN: MOTION P 1
Expedited Partially Unopposed Motion to Allow Support and a Comfort Item during the Testimony of A.V. at the Pretrial Detention Hearing

Hearing Date Hearing Time Hearing Type Hearing Judge Court

03/19/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/27/2019 8:30 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

01/23/2019 8:30 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

12/21/2018 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session


Pena:

09/05/2018 MTN: MOTION P 1
Expedited Partially Unopposed Motion to Allow Support and a Comfort Item during the Testimony of A.V. at the Pretrial Detention Hearing

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/19/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/27/2019 8:30 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

01/23/2019 8:30 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

12/21/2018 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SA

link: Stale Session

 

[Niner]

Oops - looks like they will be back on 9/19.

Pretrial hearing begins in case involving death of Jeremiah Valencia

A pretrial detention hearing started Tuesday for Tracy Ann Pena, 36, and Jordan Nunez, 20, who are both charged with child abuse resulting in death and tampering with evidence for the killing of Pena’s 13-year-old son, Jeremiah Valencia.

Testimony from Santa Fe County Sheriff’s Office Detective Ernest Alderete took nearly the whole day, so the defense will get to present its case Sept. 19. Jeremiah’s younger sister, the only non-defendant who witnessed the alleged killing, is expected to testify.

 

[Niner]

Wednesday, Sept. 19th:
*Detention Hearing Continues (for both) (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Tracy Ann Pena (35) “mom” arrested & charged (1/29/18) with abuse of a child resulting in death (F1), intentional abuse of a child (F1), 4 counts of tampering with evidence (F4), 5 counts conspiracy to commit tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
*Jordan Anthony Nunez (19) (Ferguson’s son) arrested & charged (1/29/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M) Plead not guilty. Held without bond.
*Thomas Wayne Ferguson (42) (mom’s BF) arrested & charged (1/29/18) 1st degree murder, 2 counts of 1st degree kidnapping, 12 counts of tampering with evidence, intentional abuse of child, conspiracy to commit child abuse & obstructing report of child abuse/neglect. Held without bond. Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
8/10/18 Update: Judge will allow 13 year old to testify in trial.
9/1/18 Update: For Valencia & Nunez: Pretrial hearing 12/21, Docket call 1/23/19, Status hearing 2/27 & Jury selection 3/19/19.
9/5/18 Update: Motion: Expedited Partially Unopposed Motion to Allow Support and a Comfort Item during the Testimony of A.V. at the Pretrial Detention Hearing. Testimony from Santa Fe County Sheriff’s Office Detective Ernest Alderete took nearly the whole day, so the defense will get to present its case Sept. 19.

 

[Niner]

Mother of 'tortured' boy expected to strike plea deal

SANTA FE, N.M. — The mother Jeremiah Valencia, the 13-year-old boy who was found dead in northern New Mexico, is expected to take a plea deal.

Tracy Ann Pena was scheduled to be court Wednesday morning for a bail hearing. However, court documents reveal the hearing will no longer take place.

Pena's attorney filed an unopposed motion to vacate court setting, which means she won't be appearing in court Wednesday for the continuation of a pretrial detention hearing.
[.....]
The motion states "the parties have reached an agreement in principle which would require Ms. Pena to remain in custody."

KOB has learned the terms of the plea deal are still being worked out. It's unclear if the plea deal would require Pena to testify against her boyfriend's son, Jordan Nunez.

Nunez will be in court.

 

[Niner]

Younger sister testifies about violent household where Jeremiah Valencia died

SANTA FE, N.M. — Jordan Nunez, 20, charged with child abuse resulting in death and tampering with evidence in the death of 13-year-old Jeremiah Valencia at a Nambé house last year, will stay in jail pending trial, a judge ruled today.

The ruling by state District Court Judge Matthew Wilson came after a morning of dramatic testimony by Jeremiah’s younger sister and from Nunez’s mother about life with Thomas Ferguson, Nunez’s father.

edited to add: Nunez is next in court on 12/21. Pena is in possible plea deal.

 

[JerseyGirl]

His father, 42-year-old Thomas Wayne Ferguson, who had faced a first-degree murder charge in the boy’s death, killed himself in the Santa Fe County jail in April. Prosecutors initially named Ferguson as Jeremiah’s killer but now allege evidence points to Nuñez as the individual who dealt the fatal blow to a boy who had suffered months of severe abuse at the hands of multiple members of the household.

Nuñez has not been charged with homicide in the case.

Over the course of a lengthy pretrial detention hearing, Nuñez’s defense attorneys argued his role in the boy’s torture and death was spurred by the terror of his father.

Nuñez to remain in jail until trial in Jeremiah’s death

Nuñez’s trial isn’t likely to start until at least early 2019. Preliminary trial dates, subject to change, show a jury selection in the case scheduled for March.

 

[Niner]

Here's an article with more on the testimony in the last hearing.

Jeremiah Valencia's sister tells how the boy died

 

[Niner]

OMI: Jeremiah had meth in system when he was killed

SANTA FE — A 13-year-old boy who investigators say was severely tortured by household members before he was killed in November had methamphetamine in his system when he died, according to a toxicology report released Friday.
[.....]
The toxicology report released Friday by the state Office of the Medical Investigator says Jeremiah’s liver tissue tested positive for meth. There are two forms of meth — one that is used in non-prescription inhalers for decongestion and the other that is typically abused for to its stimulatory effects — but doctors couldn’t determine which kind the boy had in his system.

 

[Niner]

Jeremiah Valencia's mom has reached plea deal

SANTA FE — A woman accused of taking part in the beating, torture and disposal of her own son has reached a plea deal with prosecutors, according to a court filing.
[.....]
Pena originally pleaded not guilty to the charges in Santa Fe District Court in March, but a plea deal has been in the works since at least September. A request for a hearing filed in Santa Fe District Court Friday indicates that Pena has struck a deal.
[.....]
“The parties have reached a plea agreement and have stipulated to requesting a change of plea,” Deputy District Attorney Todd Bullion wrote. A hearing is currently scheduled for Nov. 28, but attorneys are asking Judge Mathew Wilson to hold a hearing early next week.

 

[Niner]

Pena:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
02/27/2019 8:30 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

12/21/2018 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/28/2018 2:45 PM CHANGE OF PLEA HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT


Event Date Event Description Event Result Party Type Party # Amount
11/02/2018 REQUEST
Stipulated Request for Change of Plea Setting


link: Stale Session


for Nunez:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
03/19/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

02/27/2019 8:30 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

01/23/2019 8:30 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

12/21/2018 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

link: Stale Session

 

[Niner]

Pena charged with possession of meth:

Criminal Charge Detail
Party Count Seq # Statute Charge Class Charge Date Cit # Plea Disposition Disp Date
D 1 1 1 30-31-20 (A)(3) & 30 Conspiracy to Commit Trafficking (by Possession with Intent)(Narcotic or Meth) F3 08/01/2017
D 1 2 1 30-31-20 (A)(3) & 30 Conspiracy to Commit Trafficking (by Possession with Intent)(Narcotic or Meth) F3 09/03/2017
D 1 3 1 30-31-20 (A)(3) & 30 Conspiracy to Commit Trafficking (by Possession with Intent)(Narcotic or Meth) F3 10/04/2017


Event Date Event Description Event Result Party Type Party # Amount
11/07/2018 OPN: CRIMINAL INFORMATION / COMPLAINT Criminal Information

link: Stale Session

 

[Niner]

Wednesday, Nov. 28th:
*Plea Change Hearing (@ 2:45pm MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – only for *Tracy Ann Pena (35) “mom” arrested & charged (1/29/18) with abuse of a child resulting in death (F1), intentional abuse of a child (F1), 4 counts of tampering with evidence (F4), 5 counts conspiracy to commit tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
9/19/18 Update: Vacated today’s appearance. Expected to take a plea deal. Next hearing 12/21.
11/6/18 Update: Has reached a plea deal. Next Plea Change Hearing on 11/28. Pretrial hearing on 12/21 & status hearing on 2/27.
11/7/18 Update: Charged with 3 counts of conspiracy to commit trafficking (meth).
*Jordan Anthony Nunez (19) (Ferguson’s son) arrested & charged (1/29/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M) Plead not guilty. Held without bond.
*Thomas Wayne Ferguson (42) (mom’s BF) arrested & charged (1/29/18) 1st degree murder, 2 counts of 1st degree kidnapping, 12 counts of tampering with evidence, intentional abuse of child, conspiracy to commit child abuse & obstructing report of child abuse/neglect. Held without bond. Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
8/10/18 Update: Judge will allow 13 year old to testify in trial.
9/1/18 Update: For Valencia & Nunez: Pretrial hearing 12/21, Docket call 1/23/19, Status hearing 2/27 & Jury selection 3/19/19.
9/5/18 Update: Motion: Expedited Partially Unopposed Motion to Allow Support and a Comfort Item during the Testimony of A.V. at the Pretrial Detention Hearing. Testimony from Santa Fe County Sheriff’s Office Detective Ernest Alderete took nearly the whole day, so the defense will get to present its case Sept. 19.
9/19/18 Update: Judge rules Nunez will remain in jail until his trial in March after dramatic testimony from his little sister (AV) about the abuse Nunez did to Jeremiah. Next pretrial hearing 12/21.

 

[Niner]

Mother of Jeremiah Valencia to appear in court for plea hearing


ALBUQUERQUE, N.M. (KRQE) - A mother will spend 12 years in prison for the brutal torture and murder of her 13-year-old son who was found buried along a New Mexico road.

Tracy Pena took a plea deal Wednesday after prosecutors pointed out she was also a victim.

Although Pena pleaded guilty to child abuse resulting in death, the state did not ignore the fact that Pena was a victim of domestic violence.
[.....]
Pena also pled guilty to three counts of conspiracy to traffic a controlled substance, but the nine year sentence for those charges were suspended.

A big part of the plea deal is Pena will have to testify against accused killer, Jordan Nunez.

If she does not meet that part of the agreement or gets into any criminal trouble, the nine years suspended will be tacked onto the 12 years bringing her sentence up to 21 years.

 

[Niner]

Friday, December 21st:
*Pretrial Hearing for both (@ 8:30am MT) – NM – Jeremiah Valencia (13) (missing mid-Nov. 2017, Nambe; found Jan. 28, 2018; been tortured for years; forced to live in dog kennel) – *Tracy Ann Pena (35) “mom” arrested & charged (1/29/18) with abuse of a child resulting in death (F1), intentional abuse of a child (F1), 4 counts of tampering with evidence (F4), 5 counts conspiracy to commit tampering with evidence (F4) & obstructing report of child abuse/neglect (M). Plead not guilty. Held without bond.
11/28/18 Update: Plead guilty 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. Will testify against Nunez. Next hearing 12/21.
*Jordan Anthony Nunez (19) (Ferguson’s son) arrested & charged (1/29/18) with abuse of a child resulting in death (F1), 11 counts of tampering with evidence (F4) & obstructing report of child abuse/neglect (M) Plead not guilty. Held without bond.
*Thomas Wayne Ferguson (42) (mom’s BF) arrested & charged (1/29/18) 1st degree murder, 2 counts of 1st degree kidnapping, 12 counts of tampering with evidence, intentional abuse of child, conspiracy to commit child abuse & obstructing report of child abuse/neglect. Held without bond. Ferguson commits suicide in his jail cell, hanging by sheets, May 23, 2018-case dismissed.
8/10/18 Update: Judge will allow 13 year old to testify in trial.
9/5/18 Update: Motion: Expedited Partially Unopposed Motion to Allow Support and a Comfort Item during the Testimony of A.V. at the Pretrial Detention Hearing. Testimony from Santa Fe County Sheriff’s Office Detective Ernest Alderete took nearly the whole day, so the defense will get to present its case Sept. 19. 9/19/18: Judge rules Nunez will remain in jail until his trial in March after dramatic testimony from his little sister (AV) about the abuse Nunez did to Jeremiah. Next pretrial hearing 12/21. Docket Call on 1/23 @ 8:30am, Status hearing on 2/27 @ 8:30am & Jury Selection hearing on 3/19 @ 8:30am.

 

[Niner]

My mistake - they were both NOT at 12/21 hearing - only Nunez.
from court site for Nunez:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
11/15/2019 8:30 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/14/2019 8:30 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/13/2019 8:30 AM JURY TRIAL Wilson, Matthew Justin SANTA FE DISTRICT COURT

11/12/2019 8:30 AM JURY SELECTION HEARING Wilson, Matthew Justin SANTA FE DISTRICT COURT

10/15/2019 9:00 AM STATUS HEARING/ CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

09/16/2019 9:00 AM DOCKET CALL Wilson, Matthew Justin SANTA FE DISTRICT COURT

08/19/2019 9:00 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT

12/21/2018 8:30 AM PRE-TRIAL CONFERENCE Wilson, Matthew Justin SANTA FE DISTRICT COURT


Docket:
Event Date Event Description Event Result Party Type Party # Amount
12/24/2018 ORD: PRE-TRIAL HEARING SCHEDULED
3rd Amended Discovery Order & Trial Scheduling Order

12/19/2018 MTN: FOR CONTINUANCE D 1
Unopposed Motion For Continuance Of Trial Date

12/03/2018 WITHDRAWAL/ ENTRY/ SUBSTITUTION OF COUNSEL P 1
Entry of Appearance and Substitution of Counsel


link: Stale Session