Jeremiah’s mom gets 12 years in deal
Prosecutor says she helped make a case against others
SANTA FE — Tracy Ann Pena was a victim of her boyfriend Thomas Ferguson’s abuse and control, prosecutors now say, and her cooperation with authorities during the investigation of her 13-year-old son’s death helped get her a favorable plea deal.
Pena, 36, will receive a 12-year prison term after pleading guilty in state District Court on Wednesday to one count of child abuse resulting in the death of Jeremiah Valencia, who died a year ago after what authorities say were months of torture and abuse in the boy’s Nambé household.
Pena was not “an active participant” in the torture and helped prosecutors make their cases against other members of the family group, prosecutors said.
Eleven other counts that Pena faced in the case — including tampering with evidence, conspiracy to tamper with evidence and obstructing the reporting of child abuse or neglect — have been dismissed.
Pena’s total prison sentence is 21 years. But nine years she faced on three counts of conspiracy to traffic methamphetamine — charges filed earlier this month — will be suspended.
Pena also must testify against Jordan Nunez, 20,
son of her boyfriend, Ferguson. Nunez is alleged to have killed Jeremiah by repeatedly flipping a dog cage the boy was locked in last November. Pena’s final sentencing will come after she meets her obligation to testify in Nunez’s case.
Ferguson, who was 42, also was charged in Jeremiah’s death, but he committed suicide in jail in April.
On Nov. 26, 2017, Pena was released from the Santa Fe County jail, where she had been held on an unrelated case, and found Jeremiah deceased at the Nambé house where she lived with her two children — Jeremiah and a younger daughter — as well as Ferguson and Nunez.
Ferguson allegedly forced Nunez and Pena to help dispose of the body by placing it in a plastic storage container and burying it in a shallow grave off N.M. 503 near Nambé.
Jeremiah was not enrolled in school, and his death and disappearance went unnoticed until Pena told another inmate about it in the Santa Fe County jail in January. Santa Fe County deputies began investigating, and Pena eventually led detectives to the burial site.
District Attorney Marco Serna of Santa Fe told Judge Matthew Wilson on Wednesday that Pena’s cooperation helped prosecutors build their cases against Ferguson and Nunez, earning her favor for the plea deal.
Ferguson was initially pegged as Jeremiah’s killer.
“Had it not been for the defendant’s cooperation, we may not have found Jeremiah’s body and brought charges to Jordan Nunez and Thomas Ferguson,” Serna said. “… We do have a case because of her initial cooperation with investigators.”
Ferguson was alleged to have tortured Jeremiah with a homemade spear, a 5-pound hammer and an electric dog collar. He also allegedly forced the boy to wear a diaper and stay in the dog cage for extended periods without food and water.
Jeremiah’s sister, who is about a year younger, has testified in court that Ferguson forced her to poke Jeremiah with the spear while he was locked in the cage. The girl also testified that she witnessed Nunez flipping the dog cage with Jeremiah inside the day he was killed.
Deputy District Attorney Todd Bullion told Judge Wilson that Pena was not spared from Ferguson’s abuse. He said Pena, a meth and heroin addict, would often stay in her room for days at a time and was “held captive” as Ferguson placed cameras around the house to prevent others from leaving. She was allowed to leave to go on drug deals with Ferguson, Bullion said.
“Ms. Pena knew it was going on; however, she wasn’t an active participant,” Bullion said, referring to Jeremiah’s torture. “… She expressed that she wanted to stop it but was unable to do so because of Mr. Ferguson.”
Bullion added, “She’s wanting to take responsibility, judge, and that played a significant role in coming to this plea.”
During the hearing, Wilson asked Serna whether Jeremiah’s other relatives agreed with the plea deal. “I think the family understands and ultimately supports this plea agreement,” Serna said.
Pressed further, Serna looked into the courtroom gallery and told Wilson that one of the family members could address the court. Family member Celine Miera got up and started to approach the podium, but the judge said he would rather hear from Serna.
Family members did not want to speak with a Journal reporter immediately after the hearing.
Jeremiah’s half-sister, Karen Gonzales, told the Journal earlier this week that she believed Pena was taking the easy way out by agreeing to a plea deal.
“I feel like she’s just doing it because it’s less time for her,” Gonzales said.
Pena must also complete counseling for domestic violence victims, as well as at least six months of substance abuse counseling, as part of the deal.