Man Acquitted of Biting New Mexico Deputies

July 27--An Otero County jury found Jorge Castaneda guilty on two misdemeanors Wednesday, but acquitted him of two counts of fourth-degree felony battery upon a peace officer.

Jurors found Castaneda guilty of one count of misdemeanor assault upon a peace officer and misdemeanor resisting, evading or obstructing an officer that stemmed from an incident in Chaparral on Aug. 9, 2011.

Representing the state, 12th Judicial Assistant District Attorney Tim Aldrich said he was satisfied with the jury's decision.

"I always abide by the jury's decision," Aldrich said. "I think justice was served. I appreciate the jury and the time they put into this case. They had to stay late just like all of us."

Castaneda's defense attorney, Mario Torres, said he believes it was a fair decision by jurors.

"I don't think the young man was intending to do anything in regard to injuring anybody," Torres said. "Of course, part of the trial was interesting. I think they would have done better if they would have followed the original deputy, (Jesus) Hernandez. Hernandez said, 'Work up the case and then go over there and arrest Castaneda.'"

During the one-day trial, testimony revealed that Otero County Sheriff's Office deputies were investigating a rollover accident near Steve and Ted Place in Chaparral on Aug. 9, 2011.

Deputies learned from Castaneda's mother and girlfriend that Castaneda had arrived at the family residence, 1148 Steve, and told them he had been in an accident, according to testimony.

During testimony in the trial, two deputies arrived at the residence with one deputy going to the front door and a second female deputy going to the back of the single-wide mobile home.

The female deputy testified that the sliding glass door was ajar and Castaneda was sitting at the kitchen table.

The deputy stated during her testimony that she asked Castaneda to come out of the trailer because she wanted to talk to him, but Castaneda never looked up at her or responded to her.

The deputy testified that she opened the sliding glass door a little more and asked Castaneda again if he would come out and talk to her, but Castaneda used vulgar language toward her and walked aggressively toward her.

The female deputy testified she was in fear for her life and pushed Castaneda back, then realized she had stepped into his residence.

A male deputy testified he came to assist the deputy who was attempting to arrest Castaneda, but a struggle ensued and deputies never saw Castaneda's younger teenage brother in the living room area next to the kitchen.

Both deputies testified that Castaneda had bitten them, but only noticed the bite marks after Castaneda was in custody and being transported back to the Chaparral substation. The deputies testified their skin was never broken.

The male deputy testified that he found a mark on his hand while the female deputy testified that she found a mark on her forearm.

Both deputies testified that Castaneda had the smell of alcohol on his breath.

Castaneda's brother testified that they had been sitting at the kitchen table when the female deputy approached the home.

Castaneda's brother testified that the sliding glass door was closed at the time the female deputy approached the door. His brother also testified that Castaneda was talking about being in the accident in August 2009.

Castaneda is expected to be sentenced later this year.

Contact Duane Barbati at [email protected].

Copyright 2012 - Alamogordo Daily News, N.M.