Co-defendant in Benner killing pleads guilty, agrees to testify
Court grapples with seating an impartial jury in Romero’s trial
Accused cop killer Andrew Romero’s co-defendant and former girlfriend has agreed to testify at his trial, which is still on track to begin early next month.
Rio Rancho Officer Gregg “Nigel” Benner was shot to death on May 25, 2015, shortly after stopping the couple’s vehicle over a registration problem.
Tabitha Littles, 32, pleaded guilty Monday to harboring a felon and conspiracy to commit armed robbery, and prosecutors dropped four more felony charges against her, including murder. Though she will be sentenced after Romero’s trial, her agreement with the 13th Judicial District Attorney’s Office calls for 16 years in prison, followed by 4½ years of probation.
“The court is authorized to withdraw this plea if it feels that you are not being truthful in the trial of Andrew Romero,” 13th Judicial District Judge George Eichwald cautioned. He said that as long as Littles is honest in her testimony at Romero’s trial, he will sentence her pursuant to the agreement.
Prosecutor Ron Lopez said in court that the state would have presented evidence against Littles indicating that she and Romero, both of Albuquerque and armed with a Beretta, were in Rio Rancho on the night of Benner’s death with plans to rob a burrito joint. He also said
Littles did not provide valuable information to police immediately after Benner was shot, and “basically protected Mr. Romero from being apprehended.”
Attorneys are now tasked with finding an impartial jury for Romero’s murder trial, despite the relentless media coverage that surrounded Benner’s shooting death — the first for the Rio Rancho Police Department.
Romero is facing 10 charges, including first-degree murder, tampering with evidence and shooting at or from a motor vehicle.
Eichwald said at a pretrial conference for Romero on Tuesday that if attorneys asked the jury pool who had prior knowledge of the case, “every single juror’s going to raise their hand.”
That same media attention led Eichwald to grant a change of venue motion in December. He opted to relocate the trial location from Sandoval County to nearby Valencia County.
Questionnaires designed to gauge potential jurors’ knowledge of the case were sent to 800 people in Valencia County.
Eichwald and attorneys on both sides eliminated about 130 of the 300 respondents based on the answers they submitted.
Eichwald flagged about 100 who he felt could not be impartial, and Romero’s defense attorney asked that dozens more be eliminated from consideration.
“People already have made up their minds,” Eichwald said.
Most of those eliminated Tuesday wrote in their questionnaires that they felt they had a fixed opinion of Romero’s guilt.
Others had more unusual responses.
One person wrote that he hates police, one suggested Romero should be put to death, another was eliminated over pending felony charges and one over an inability to read. A handful won’t be called to jury selection because they currently work or have previously worked in prisons, police departments, courts or the District Attorney’s Office.
One respondent indicated that they did not want to see any dead bodies. Another wrote that he “not only hates the system, but he also hates judges,” Romero’s attorney, Tom Clark said, reading from a questionnaire.
Eichwald said he expects about 50 of those remaining 170 will be eliminated on the day of jury selection over scheduling conflicts or the financial concerns that come with taking weeks off of work.
In the end, the hope is that attorneys can agree on a final set of 12 jurors and six alternates.
Eichwald said the trial could take up to four weeks. Jury selection is set to begin Sept. 6.