Judge finds probable cause to try S.F. gallery owner

Fox, 73, faces two felony charges in state District Court

A judge Tuesday found probable cause for criminal charges against Santa Fe gallery owner Stephen Fox, 73, who is accused of helping destroy the obelisk on the downtown Plaza during an Indigenous Peoples Day rally.

After listening to testimony from two Santa Fe police officers and a detective, Santa Fe County Magistrate John Rysanek ruled two fourth-degree felony charges against Fox — criminal damage to property over $1,000 and conspiracy to commit criminal damage to property over $1,000 — should be prosecuted in state District Court.

Rysanek said a charge of unlawful assembly, a petty misdemeanor, also will be prosecuted in District Court as part of the case.

Fox faces up to 18 months in prison for each felony charge and up to six months for the misdemeanor if he is convicted.

A longtime fixture in downtown Santa Fe, Fox admitted in media interviews and in a letter to city officials that he helped topple the stone monument, which was dedicated to Union Civil War soldiers but had been decried by many people as a symbol of racism due to an inscription on one side that referred to “savage Indians.”

“When one of the 40 or so activists handed me the rope, I gladly accepted, having been a Native American art dealer for the past 40 years,” Fox wrote in the letter, in which he sought an “amicable” resolution to the charges. “When they pulled, I pulled and that was that.”

Fox had said he believes Santa Fe Mayor Alan Webber wanted the obelisk torn down based on statements the mayor made in June.

“I’d like to remind everyone that the standard of probable cause is the lowest standard in the judicial system,” Fox’s attorney, Marcus Lucero, said after the hearing. “We are still working to preserve Mr. Fox’s rights and looking forward to his day in District Court on these charges.”

Police monitoring the rally arrested two protesters during an initial skirmish but left the Plaza before the obelisk’s destruction. An officer testified Tuesday the decision made was due to police at the scene being “overrun and outnumbered.”

The department has since used video footage, tips and other evidence to charge seven people, including Fox, with playing a role in destroying the monument.

“When one of the 40 or so activists handed me the rope, I gladly accepted, having been a Native American art dealer for the past 40 years.”

Stephen Fox