Attorney: Teen facing charges in killings ‘in shock’

By Thomas Garcia

QCS Senior Writer

A Tucumcari teen charged with killing his mother and stepsister is in shock as he awaits a court hearing later this week, according to his attorney Jeffrey Buckels.

QCS Photo: Thomas GarciaTony Day’s preliminary hearing is set for 9 a.m. Friday at Tenth Judicial District Court. Chief Deputy District Attorney Tim Rose will be representing the State in this case. Above Rose, left, speaks with officers at the scene of the double homicide on Nov. 26.

Tony Day, 14, faces two murder charges at District Court hearing 9 a.m. Friday for the Nov. 26 deaths of Sue Day, 67, and her daughter Sherry Folts, 49, at the family home on Quay Road 63. He remains in the Quay County Detention Center juvenile section.

“Tony is aware of where he is and why he is there,” said Buckels.

Buckels said he met with Tony on Nov. 29, at which time he decided to waive a detention hearing scheduled for later that day.

State law requires a detention hearing within 48 hours to determine if there are enough grounds to hold a juvenile until a preliminary hearing, said District Attorney Tim Rose.

Buckels said Day is being treated well and he has no objections to where he is currently being held.

“I have only met with him once, though he was very respectful to myself and the detention center personnel,” Buckels said.

Buckels said he is still gathering information trying to understand what took place. He said there is literature on cases of this kind, which never happens in a vacuum and without some sort of provocation.

Buckels said a 14-year-old boy who has no trouble with alcohol or drugs and is on advance placements in school don’t just up and kill two family members for no reason. He said he would be investigating Tony’s background, which will include his chaotic placements in the foster system for much of his life.

Buckels said he would also be looking into the dynamics of Tony’s home and family life. He said a better understanding of what was going on in the residence would be key to determining why a tragedy like this occurred.

Buckels is the supervising attorney for the New Mexico Public Defender Capital Crimes Unit. He said his office is normally assigned a case when it occurs in a county with out a public defender’s office and involves a capital crime or first-degree felony.

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