Charges dropped against suspect in prior rape case due to lack of evidence

Velarde man accused in 2016 of attacking girl now accused of raping boy

SANTA FE — Rape charges were dropped two years ago against a northern New Mexico man who is now facing new child sexual assault charges because prosecutors lacked evidence and the victim’s cooperation, Santa Fe District Attorney Marco Serna said.

Ezekiel Maestas of Velarde, 30, this week picked up a new charges for allegedly raping an 8-year-old boy while a woman, Jamie Martinez, 30, who is a close relative of the victim, held the boy down. They are both indicted for criminal sexual penetration.

In February 2016, Maestas was charged with criminal sexual penetration, criminal sexual contact of a minor, two counts of aggravated battery with a deadly weapon, kidnapping and false imprisonment.

He allegedly had raped a 13-year-old girl in Española while holding a gun and forced another 13-year-old girl to stay on the ground nearby until he had completed the assault. The rape victim reported the incident about six months later, according to an arrest warrant affidavit.

Charges were dropped the following month with former prosecutor Natalie Perry writing in a court document that the case may be presented to a grand jury at a later date.

Serna, who didn’t take over the DA’s Office until January 2017, said no indictment was filed over a lack of evidence and the victim’s cooperation.

“We had conflicted testimony from the victim involved,” Serna said in an email. “Unfortunately, we don’t have any physical evidence due the late reporting of the allegation. Lastly, we lacked victim cooperation to cooperate with law enforcement.”