Repeat offender given pretrial detention with no bond

In a joint pretrial detention and preliminary hearing held Friday (March 3), Joey Mares, who was recently arrested for allegedly shooting his cousin in the leg, was deemed by a judge to be a danger to society and ordered to pretrial detention without bond.

On Feb. 20, deputies from the Taos County Sheriff’s Office were notified of a shooting in Ranchos de Taos. The shooter was identified by a dispatcher as Joey Mares, who supposedly left the scene in a maroon truck. Although Sheriff Steve Miera said he pursued Mares’ vehicle, Mares ultimately escaped on foot. The following day, Mares was detained in Albuquerque, where he acquired two new charges after police said he was in possession of a firearm and fentanyl.

Mares was on probation in Taos on an unrelated case when the incident occurred, and his traveling to Albuquerque and being in possession of drugs and a firearm are all clear violations of his terms of release.

Mares faces a myriad of charges in Taos and Bernalillo counties. In Taos County, he faces three third-degree felonies: aggravated battery with a deadly weapon, abuse of a child and possession of a firearm by a felon; as well as a fourth-degree charge of aggravated assault. Prior to Friday’s hearing, he was being charged with aggravated fleeing of law enforcement, but that count was dropped.

Eighth Judicial District Judge Jeffrey Shannon determined that Mares should be detained without bond for multiple additional reasons: Mares’ extensive criminal record dating back to 2010; the observation by two witnesses that Mares was potentially under the influence on Feb. 20; and the gunshot wound to the alleged victim’s leg.

According to a petition for pretrial detention, Joey Mares shot his cousin, Antonio Mares, in the knee while Antonio Mares’ girlfriend and their two children, aged 7 and 8, were on the premises. According to Antonio Mares, who addressed the court on Friday, he and his family went to his cousin’s residence to pick up some of their belongings, which they keep in a horse trailer on the property. The cousins got into an argument, which allegedly evolved into a physical altercation.

According to Antonio Mares and his girlfriend, Breanna Martinez, Joey was talking nonsensically the day they came to pick up a few items. Both individuals agreed that Joey was possibly under the influence, with Martinez asserting Joey Mares had recently been using methamphetamines.

According to Antonio Mares, Joey Mares had been asking about who killed his mother, which was confusing since his cousin’s mother is still alive. Joey Mares also accused Antonio Mares of stealing a laptop. During the fight, Joey Mares fell into the doorway of his residence, where he allegedly pulled out a firearm and shot his cousin. Martinez said she saw Joey Mares then point the gun at his cousin again.

Joey Mares then ran to his truck, according to the witnesses, near where Martinez and their children were. They drove to the end of the street, where Martinez called the police. From her vantage point, she said she could see Joey grab some of his belongings and leave in his truck.

Miera, who also addressed the court, said he first spotted Joey Mares on Feb. 20 while patrolling in Ranchos de Taos. He recognized the truck from the BOLO (be on the lookout) alert, and said he also recognized the driver as Joey Mares. Miera said that, when he turned on his siren, Joey Mares increased his speed and attempted to evade him.

Deputy Dagmar Shana McTague, who was the fourth witness to address the court, conducted a search warrant on Joey Mares’ residence on the day of the incident, when she said she found a 9mm cartridge casing near a door, and an ammunition magazine for an as-yet unidentified firearm. A pellet gun was also recovered. McTague said she found no narcotics inside the residence.

Shannon and plaintiff Taina Colon asked whether a Co2powered pellet gun might sound like a real gun, to which McTague said: “It can.” McTague also visited the hospital where Antonio Mares and Martinez were. She specified that the couple confirmed there was not a physical altercation or an argument. Here, she saw Antonio’s gunshot wound, noting in the court that the wound was too large to have been caused by a pellet gun.

Joey Mares will be held at the Taos County Detention Center until trial, although Shannon ordered him to undergo a mental health and drug and alcohol assessment. Pending the results of the assessment, Shannon won’t consider releasing him.

“It’s pretty clear to me that a firearm was discharged, because Antonio Mares has a hole in his leg,” Shannon said. “For a man to shoot his brother means that either he doesn’t like his brother, or more likely in this case, that the client may have either been under the influence or in a mental health crisis.”