Mur­der sus­pect Dakota Briscoe to be held un­til trial

34-year-old al­legedly killed two men and burned their bod­ies

Albuquerque Journal - - METRO & NM - BY MATTHEW REISEN JOUR­NAL STAFF WRITER

De­spite tech­ni­cal dif­fi­cul­ties, the mes­sage was clear: Dakota Briscoe isn’t go­ing any­where.

Sec­ond Ju­di­cial Dis­trict Judge Brett Love­less granted a mo­tion to de­tain the 34-year-old mur­der sus­pect un­til trial dur­ing a tele­v­ideo hear­ing — rife with spotty video, mut­ing is­sues and con­nec­tion prob­lems — Wed­nes­day af­ter­noon.

Love­less called the al­le­ga­tions against Briscoe “ex­tremely vi­o­lent” and “brazen.”

“The de­fen­dant is al­leged to have killed these two in­di­vid­u­als and taken sub­stan­tial steps to not only to cover his crime — by burn­ing the bod­ies and the ev­i­dence in the ve­hi­cles but also en­gag­ing in a num­ber of other vi­o­lent al­ter­ca­tions to flee the scene,” Love­less said.

“Es­pe­cially in a case where the mag­ni­tude of the crimes is so great, there’s sim­ply noth­ing that the court can or­der that the de­fen­dant would com­ply with.”

Briscoe is ac­cused of killing Eric Car­ba­jal, 36, and Nathan Gar­cia, 39, on Sept. 7 then torch­ing an SUV with their bod­ies in­side be­fore try­ing to car­jack two women at gun­point be­fore fir­ing at a third woman and steal­ing her ve­hi­cle.

He is fac­ing nu­mer­ous charges, in­clud­ing first-de­gree mur­der, at­tempted armed rob­bery, ag­gra­vated as­sault with a deadly weapon, ag­gra­vated bur­glary and ag­gra­vated ar­son.

Dur­ing the nearly hour­long hear­ing, pros­e­cu­tors laid out the al­le­ga­tions against Briscoe as his de­fense at­tor­ney ques­tioned the ve­rac­ity of those al­le­ga­tions.

As­sis­tant Dis­trict At­tor­ney Lind­say Stu­art said Briscoe showed “zero re­morse” by lighting the bod­ies on fire and “wan­ton dis­re­gard” for life in the as­saults that fol­lowed on nearby neigh­bors.

“This type of de­fen­dant is the most dan­ger­ous,” she said. “We can’t put him on a GPS to keep him away from some­body be­cause there’s no­body to keep him away from, he’s do­ing this to the com­mu­nity.”

De­fense at­tor­ney Liane Kerr said Briscoe’s con­sti­tu­tional rights were be­ing vi­o­lated, most no­tably his right to con­front his ac­cuser.

“We don’t have the of­fi­cer here to tes­tify as to what the of­fi­cer in­ves­ti­gated,” she said, adding that the crim­i­nal com­plaint is “based on hearsay.”

She asked the judge to re­fer to the Arnold Tool, which rec­om­mended re­lease on re­cog­ni­zance with con­di­tions. In the end, Love­less de­clined that re­quest.

ROBERTO E. ROS­ALES/JOUR­NAL

Dakota Briscoe lis­tens in from the Met­ro­pol­i­tan De­ten­tion Cen­ter dur­ing a tele­v­ideo pre­trial de­ten­tion hear­ing in state Dis­trict Court on Wed­nes­day af­ter­noon.

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