Judge calls out BernCo D.A.’s Office over disputed plea agreement
ALBUQUERQUE, N.M. (KRQE) – On Friday, a judge accused the Bernalillo County District Attorney’s Office of wasting the court’s time after one of the deputy D.A.s tried to broker a deal without notifying the court or his own office.
Judge David Murphy threw serious accusations against Deputy District Attorney Karl Swanson during a sentencing hearing for repeat offender Ruben Davis. “I find it shocking that one D.A. would agree to a resolution in this case without even conferring with the court and without conferring with his colleague,” said Judge Murphy.
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Back in March 2023, Davis set three Albuquerque Public School cars on fire and later pled guilty to one count of arson. He was given a conditional discharge but was ordered to complete a substance abuse program. Davis was kicked out of the program in March after testing positive for meth.
The state requested Friday’s hearing to sentence Davis, but during the hearing, Davis’ lawyer Jonathan Ibarra told the court that the D.A.’s Office had already reached an agreement to send his client back to mental health court.
Judge Murphy pointed out that that was not what the court had agreed to during Davis’ plea hearing. “Sorry, but I’m not going [for] that today. There’s no referral. The plea agreement is pretty clear that if he’s rejected, then there’s no agreement to sentence. That leaves it to the court’s discretion,” said Judge Murphy.
He also pointed out that the D.A.’s Office filed to have him sentenced as a habitual offender. “The state has spoken pretty clearly by sending in the supplemental information. This is a binding contract. There’s no surprise in any of it, so I don’t understand why – what else needs to be done in this case,” said Judge Murphy.
The judge ultimately paused the sentencing hearing until a later date, allowing back sides to rework an agreement but with one caveat. “I’ll be clear in this case that I will impose the sentence in this case. I’m not rereferring the case back to mental health court. That didn’t work,” Judge Murphy said.
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He also scolded the D.A.’s Office. “I expect better from the district attorney’s office moving ahead. This is unprofessional and inappropriate conduct that has wasted everyone’s time today,” said Judge Murphy.
Davis faces 18 months in prison and four years as a habitual offender. He has a criminal history dating back to 2010 with numerous convictions for violent offenses. A sentencing date has not been set. He’s also awaiting trial in a battery case from July 2023 where he’s accused of punching a woman in the face and robbing her.
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