Teen ‘mobbing’ defendant back on the street
18-year-old released and ordered to serve supervised probation
Eighteen-year-old Enrique Palomino was deemed too violent for a youth reintegration program aimed at ensuring he successfully completed probation after his plea to juvenile charges related to a teen “mobbing” incident that led to the 2015 fatal shooting of an Albuquerque homeowner.
Instead, the Metropolitan Detention Center in Albuquerque ended up releasing Palomino to the streets Tuesday to serve his supervised probation.
“The case is done. He’s on probation,” said Diana Garcia, deputy district attorney at the District Attorney’s Office juvenile division in Bernalillo County. “Until he violates probation, there’s nothing that we can do.”
Palomino’s abrupt return to the community came after new assault charges that had kept him incarcerated were dismissed Monday because the victim
refused to testify.
Palomino was alleged to have punched a 17-year-old in the face during a basketball game at the juvenile detention center in Albuquerque on Oct. 27. At the time, he was awaiting entry into a reintegration or transition program as part of his probation.
Despite efforts by his attorney, the judge and juvenile justice probation officials, no program would accept him.
After the alleged attack, the DA’s Office sought to revoke Palomino’s probation. A felony child abuse charge also was filed, and Palomino was arrested and held at MDC pending further hearings.
On Monday, however, the DA’s Office filed notice that the 17-year-old victim didn’t want to cooperate in the prosecution or testify — and that the case couldn’t be prosecuted without him.
That freed Palomino, who will be supervised by the state Children, Youth and Families Department for the next two years.
Under probation, he must adhere to conditions of probation, such as completing counseling and obtaining his high school diploma or GED.
CYFD also had to approve Palomino’s residence.
But CYFD spokesman Henry Varela said Tuesday he couldn’t comment on the case or say where CYFD had approved Palomino to live.
Palomino’s attorney, Steve McIlwain, who couldn’t be reached for comment Tuesday, said at a recent hearing in the case that he wanted his client to go from the detention center “to a less structured setting to get the skills to transition him into a home with his relatives.”
But prosecutor Garcia told the Journal on Tuesday, “The transition plan didn’t pan out because I don’t believe they were able to secure a facility.”
One state reintegration center, which would have required Palomino to return to a group home setting at night, rejected him because of his “display of violent behaviors and aggression” involving the alleged attack on the 17-year-old, according to the testimony of a CYFD probation officer.
Three years in system
Palomino was 14 years old when he and five other teenagers were arrested in July 2015 after a “mobbing” rampage of breaking into houses and vehicles in the Northeast Heights that turned deadly. One of the six fatally shot homeowner Steven Gerecke in his driveway, and an elderly resident was shot at. That man escaped injury but moved from his home because he feared for his safety, prosecutors say.
Palomino, who was in a vehicle at the time of Gerecke’s shooting, pleaded guilty to charges of larceny, conspiracy, aggravated burglary and unlawful taking of a motor vehicle in 2016. He has been in and out of treatment facilities in New Mexico and out of state since then. During a stint at a Utah facility, Palomino allegedly beat up another youth and then escaped. He later returned.
After Palomino turned 18 in September, prosecutors and CYFD officials argued that he should be incarcerated at a juvenile detention facility until he was 21 because he posed a continuing “danger to the community.”
Children’s Court Judge John Romero placed him on supervised probation on Oct. 26. But the judge wanted Palomino to be placed in a youth reintegration center or other transitional program as part of his initial probation period.
Palomino’s alleged attack during the basketball game occurred the day after he was put on probation.
In early November, the judge deferred a hearing on the probation violation but considered a request by Palomino’s uncle, who promised to keep Palomino from getting into trouble if he were released to his custody.
The uncle told the judge he would put his nephew into “anger management” counseling and believed he could control him.
But Romero during the hearing pressed CYFD probation officials to find alternative placements.
“The only reason I’m not releasing him,” the judge said at that time, “is that there is no reasonable plan for him to return to the community.”