Judge to decide if teen is amenable to treatment
Decision is difference between 15 years in jail or release at 21
Before he was facing up to 15 years in prison for his role in crimes surrounding a fatal shooting, Ryan Archibeque was the president of his high school’s poetry club.
And during a hearing Monday to determine whether he should be sentenced as an adult or a juvenile, prosecution witnesses described the 19-year-old as respectful and polite. They said he has gone on to receive his high school equivalency and is taking business classes at CNM while working as a manager at two fast-food restaurants.
Archibeque is one of six teens convicted of crimes related to the killing of Steven Gerecke, who confronted the group as they were “mobbing,” or breaking into homes and cars, according to police.
If state District Court Judge Brett Loveless determines that he is amenable to treatment and should be sentenced as a juvenile, he would remain under the court’s jurisdiction only until age 21. Alternately, if he is found not amenable, he would face up to 15 years in prison.
Prosecutor Larissa Callaway said in an opening statement that the state wasn’t able to offer an opinion as to whether Archibeque is amenable.
But two of the state’s witnesses — a juvenile probation and parole officer and a pre-trial services officer — said that he is. They said Archibeque should be sentenced as a juvenile. One recommended that Archibeque be committed until then, while the other said Archibeque would do well on probation.
The defense portion of the hearing was postponed because Dr. Barry Fields, a clinical psychologist who evaluated Archibeque, had a scheduling conflict.
Shelby Bradley, Archibeque’s attorney, did not make an opening statement and declined to comment on the hearing, noting that it was set to continue at another time.
Archibeque, who ran track and was a member of the wrestling team, had been in an “emotional slump” in the weeks leading up to the June 2015 crimes, and had been using drugs and drinking, Callaway said. Being part of the group of “delinquents” gave him a sense of belonging.
“If he is so normal and well rounded, how can we anticipate how he will react in future situations where he is struggling emotionally, or if he relapses into substance abuse?” she said. “After all, as the court is aware, life gets harder, not easier.”
Leah Acata, the primary detective on the case, described linking Archibeque to the crime using surveillance footage taken at Wal-Mart and McDonald’s that showed attempts by him and another teen to use credit and debit cards stolen from the Gereckes.
Acata said home invasions, particularly those committed when a resident is home, are “extremely violent.” But she also said Archibeque, after initially acting like a “tough guy,” was polite and truthful when detectives interviewed him.