A pre-trial conference regarding animal cruelty charges against Tucumcari Mayor Antonio Apodaca was continued Wednesday because the prosecuting officer was not available to appear at court proceedings.
Apodaca’s pre-trial conference will be held in two-to-four weeks, said Donald Schutte, the mayor’s attorney.
“The court was told that the prosecuting officer had to go out of town,” Schutte said.
Tucumcari Police Officer Clay Cullison is the officer prosecuting the misdemeanor case against Apodaca.
The Quay County District Attorney’s office has declined to prosecute the case, court records show. Prosecution now falls to the officer, a court official said.
Apodaca, 61, has been charged with one count of cruelty to animals, alleged to have occurred on April 19, according to court records.
Apodaca is accused of dragging a dog alongside his car. His attorney has said he is innocent of the charge.