More details emerge in Peñasco alleged murder-conspiracy
At least three of the five defendants charged in the November 2020 death of Peñasco resident Leroy “Damasio” Fresquez are being held without bail pending jury trials after hearings this past week. Additional details have also emerged in the case during preliminary and detention hearings.
Steven Aguilar, Ezekiel Martinez and Juanita Romero all appeared before 8th Judicial District Judge Jeffrey Shannon last Thursday (May 5), with Aguilar appearing for a preliminary and detention hearing and Martinez and Romero appearing for detention hearings.
The state filed motions for nobond for all defendants, including Ronnie Tafoya and Precious Aguilar, the other two defendants in the case. The no-bond holds have been granted by the court for three of the five defendants so far.
Steven Aguilar, who was not charged directly in the murder but faces a second-degree charge for conspiracy to commit murder (among others), was released on personal recognizance. The conditions stipulate Aguilar must undergo a drug and alcohol screening, take drug tests twice a week, must not possess a firearm, and that he be placed on a GPS monitoring unit.
In his order denying the pretrial detention of Steven Aguilar, Judge Shannon noted while Aguilar’s co-defendants have been previously charged with felonies, Aguilar has not, and was only charged with several driving-related offenses. Shannon determined him not to be a danger to the community or a flight risk. Aguilar’s lawyer, Julita Leavell, said she is “pleased that he was released pending trial as it will greatly aid in preparing to defend against the erroneous charges against him.”
Along with the second-degree murder conspiracy charge, Aguilar is facing a second-degree kidnapping conspiracy charge, one charge of conspiracy to commit aggravated battery and two charges of witness intimidation after he allegedly told Ronnie Tafoya and his girlfriend, Camille Saavedra, he would kill them if they told anyone about the crime.
Shannon granted the state’s motion for no bond-hold for Romero and Martinez, both of whom are charged in the physical murder of Fresquez. Tafoya has also been held without bond since his arrest on aggravated battery and attempted robbery charges last December.
Precious Aguilar appeared before 8th Judicial District Judge Emilio Chavez Wednesday (May 11) for a detention hearing. However, Chavez did not make a ruling on the state’s motion for pretrial detention as of press time Wednesday and said he would come back with his decision Thursday morning (May 12).
Aside from Steven Aguilar, all of the co-defendants have felony backgrounds.
Romero was found guilty of three counts of forgery in 2015. She pleaded guilty to identity theft and unlawful taking of federal food coupons in a separate case later that year. In 2021, she was charged with felony drug possession and possession of paraphernalia in a school zone, but the charges were dismissed by the prosecutor.
Precious Aguilar was charged with breaking and entering and contributing to the delinquency of a minor in 2020, but all charges were dismissed. In 2021, she took a plea after being charged with felony drug possession and resisting or evading arrest.
Ezekiel Martinez was charged with felony drug possession and possession of paraphernalia in 2015 and pleaded guilty to the paraphernalia charge. In 2018, Martinez was charged with residential burglary, larceny with a firearm and tampering with evidence. All charges were dismissed by the prosecution.
Just prior to being arrested in connection with Fresquez’s death, Martinez was charged with heroin possession, and a trial in that case is pending. After being arrested on April 24 in connection to the murder, Martinez was charged with possession of a controlled substance again for having Suboxone on his person without a prescription.
Along with a slew of drivingrelated offenses, Ronnie Tafoya was charged with a DWI and unlawful taking of a motor vehicle in 2013, but all of the charges were dismissed. In 2018, he pleaded guilty to assault in exchange for the state dropping charges of aggravated burglary and aggravated battery. In September 2021, Tafoya was charged with larceny of a firearm, and in December of 2021 he was charged with attempted robbery, aggravated assault and battery. Trials are still pending for both matters.
The victim in the murder case, Damasio Fresquez, also had a number of criminal charges. In 2016 he was indicted by a grand jury on charges of unlawful taking of a motor vehicle and DWI. He was arrested and eventually released in 2019. Later in 2019 he was charged with larceny ($250 or less) and pleaded not guilty. The charges were ultimately dismissed because the prosecutor failed to appear, according to court records.
It also came out in detention hearings that Fresquez had a pending charge for shooting at a motor vehicle in Colorado in 2019, which New Mexico State Police Agent Cruzita Romero explained would have been charged as aggravated assault in New Mexico.
During the recent hearings in the murder case, New Mexico State Police Agent Cruzita Romero shed more light on the incident, providing additional details to help set the scene on the day of the crime is said to have taken place.
Prior to the alleged murder, Fresquez, Precious Aguilar, Martinez, Tafoya and his girlfriend Camille Saavedra were riding in a car, according to Agent Romero’s testimony. Fresquez allegedly shot at a car during the ride. The man who Fresquez shot at then waved down a Taos County Sheriff’s deputy, who then pursued Fresquez and the others.
Agent Romero said Ronnie Tafoya wrote in a letter that, as they were driving away from the deputy, Fresquez threw his gun out of the car. When they were pulled over, Tafoya then said Fresquez had a seizure, at which point first responders arrived. Martinez spoke with the deputy and they were eventually allowed to go on the condition they take Fresquez to the hospital.
However, Agent Romero said the group then went to the house of Allen Fernandez so Fresquez could get a gun from Fernandez’s son. When he did not get it back, they then allegedly went to go look for the gun Fresquez had dropped. Tafoya said he and Fresquez searched for the gun outside the car.
Agent Romero said when Tafoya got back into the car, he said he heard Ezekiel ask Precious: “Are you sure this is what you want to do? There are consequences.” The group then allegedly went to the house of Juanita Romero and Steven Aguilar. Tafoya said Damasio came outside and looked around and told Ronnie that he felt the others were plotting something.
Tafoya allegedly told Fresquez to “trust his gut.”
A motive remains unclear, but during one police interview, a witness said Fresquez had “possibly raped and kidnapped Precious [Aguilar] at some point,” according to Agent Romero’s testimony.
Precious told the Agent Romero the rape occurred several months prior to Fresquez’s disappearance, but that “there were a lot of holes in her story.”
Agent Romero said in an interview with Precious Aguilar, she also said Fresquez had raped her, and that she walked into her parents’ house on Thanksgiving Day, 2020 crying and sobbing.
Agent Romero said Jaunita Romero and Steven Aguilar’s interviews differed from their daughter’s account. “During Juanita’s interview, she denied that precious ever told her anything about being raped or held hostage,” said Agent Romero. “Steven Aguilar also denied that Precious [Aguilar] walked in crying, and he said everything was completely fine.”
As the cases continue to work their way through court, more details are likely to emerge. Each defendant has a different defense attorney, and three different state prosecutors are taking on the cases.
Precious Aguilar is represented by Michael Rosenfield, Juanita Romero is represented by David Silva, Steven Aguilar is represented by Julita Leavell, Ezekiel Martinez is represented by Michael Jones and Ronnie Tafoya is represented by Anna Aragon. Marco Serna, Sherri Trevino and Emily Dewhurst are prosecuting on behalf of the state.
All attorneys were contacted by the Taos News for comment, but only Leavell had responded as of press time Wednesday.
Romero and Martinez will both appear for their preliminary hearings on May 20 before Judge Jeffrey Shannon.