Judge puts on hold mandated forfeits

To a court of a different nature is where the saga of the West Las Vegas boys basketball team’s forfeits and videotape transgressions now moves.

Las Vegas, N.M., state District Judge Abigail Aragon on Tuesday granted a temporary restraining order in favor of Dons head coach David Bustos and assistant coach Steven Sandoval and against the New Mexico Activities Association, putting on hold mandated forfeits of half of West’s eight-game District 2-4A schedule. A court hearing in the case is scheduled for Friday.

After learning that WLV assistant coach Brandon Hernandez had taped a district game between Robertson and St. Michael’s last month, the NMAA suspended Bustos and Hernandez for coaching in the upcoming games against the two schools.

But “after further discussions with the offended schools,” according to a Jan. 19 letter from NMMA executive director Sally Marquez to West Las Vegas athletic director Richard Tripp, the sanctions were changed to the four forfeits, covering games against St. Mike’s and Robertson.

“The sanction/penalty imposed by Sally Marquez and the NMAA appears to be arbitrary, unreasonable and capricious and in violation of the due process rights,” noted the original petition, to which Aragon agreed.

In addition, the penalties did not appear to coincide with those meted out for other recent incidents, according to the petition, most notably other third-party videotaping incidents and an instance where the NMAA overturned its own ruling making the Oñate football team forfeit five games for using an ineligible player because “the NMAA does not want to hurt students for adult mistakes.”

The petition further points out that players, such as senior D.J. Bustos, who is approaching a state scoring record, as well as players from Robertson and St. Michael’s, are hurt by the ruling because they are losing the opportunity to make additional impressions upon college recruiters.

West Las Vegas Superintendent Chris Gutierrez said he was unaware of the petition until receiving a copy of it, but is hoping things turn out in the Dons’ favor. “I’m just hoping our kids get a chance to play and won’t be punished for what was an adult mistake,” he said.

The NMAA declines to comment the matter, said Dusty Young, the organization’s associate athletic director.