Juveniles advised on charges from Comfort Inn robbery

Juveniles advised on charges from Comfort Inn robbery

Mar. 29, 2001

By Aspen C. Emmett
Journal Staff Writer

An alleged armed robbery of the Comfort Inn for $260 will most likely cost four New Mexico juveniles and two adults far more than they stood to gain from the early-morning hold-up on March 19.

The four juveniles — three 16-year-old boys and a 17-year-old girl — were advised in Montezuma County court Monday with bonds set at $50,000 each for various charges stemming from their alleged participation in the crime.

According to police reports, two males entered the Comfort Inn around 1:30 a.m. and were inquiring about a room when a male wearing a black cape and a "Scream" movie mask came in and pulled out a short shotgun, demanding money from the female clerk.

The masked individual then allegedly picked up a plastic brochure-holder and hurled it at her, striking her in the left arm.

When the clerk turned to get the money, a fourth male armed with a handgun reportedly entered and demanded the woman’s identification card.

The woman stated she did not have her ID and the four men reportedly left with the money in a car with two other people.

The six suspects were apprehended later that day in Aztec, N.M.

Assistant District Attorney Katy Cabot said all four juveniles have been charged with Class 3 felony aggravated robbery, Class 3 felony conspiracy to commit aggravated robbery, Class 5 felony menacing and Class 2 misdemeanor theft for less than $500.

Additionally, two of the boys are charged with possession of a deadly weapon and third-degree assault on the female clerk.

The four juveniles are scheduled to appear in district court April 4.

Although they face felony charges, Cabot said they are all being charged as juveniles, which will void the potentially stringent penalties that come with felony convictions.

"With juveniles, basically the penalties are from no detention, up to two years of detention and counseling for every crime," Cabot told the Journal. "It doesn’t matter what it is."

However, if a defendant is under 18 when charged, but over 18 when sentenced, there is a possibility for further penalties.

"Then they can get community corrections or county jail," Cabot said.

The 17-year-old girl will turn 18 on June 20.

The two adults who are also accused in the Comfort Inn robbery are currently being held in Aztec at the San Juan County Jail on charges related to a search warrant for their alleged connection to the Cortez crime.

According to San Juan County clerk Lori Reed, 21-year-old Zachary Sullivan has been charged with eight Class 4 felonies — conspiracy to receive stolen property, possession of stolen property, conspiracy to tamper with evidence, tampering with evidence and four counts of contributing to the delinquency of a minor.

He is also charged with a petty misdemeanor for possession of marijuana.

Reed said Albert Gutierrez, 19, is charged with six Class 4 felonies — four counts of contributing to the delinquency of a minor, possession of stolen property, and conspiracy to receive stolen property as well as a petty misdemeanor for possession of alcohol by a minor.

Sullivan’s bond was set at $45,300 and Gutierrez’s at $30,300 during an advisement hearing March 20 for the charges stemming from the search warrant.

Both are scheduled to appear today in San Juan County court for a preliminary hearing.

Cabot said neither Sullivan nor Gutierrez has been charged yet in Montezuma County for their participation in the Cortez crime.