Records: Teen says he blacked out when altercation began

By Thomas Garcia

QCS Senior Writer

A local teen charged in the deaths of two family members gave no reason for the cause of his actions and claims he blacked out once it began.

New Mexico State Police investigators and the Tenth Judicial District Attorney’s office are still trying to make sense of the tragedy.

“We will have some of the discovery available to us today,” said Tim Rose, chief deputy district attorney.

According to court documents:

  • At 11:37 p.m., Nov. 26, state police investigator Donald Garrison was contacted by Sgt. Justin Fredric about a homicide at the residence of Mike and Sue Day inn the 4400 block of Quay Road 63.
  • Garrison said he met with Officer Mark Jackson at the state police office in Tucumcari where he had a male subject detained. Garrison said Jackson identified the juvenile male as 14 year-old Tony Day and told him what had occurred.
  • Jackson said when they entered the residence they located Mike Day, the juvenile’s father, who reported Tony had shot his wife Sue Day with a rifle and she was deceased. He said Day’s oldest son Scott Day, Tony and an infant child were located inside the residence.
  • Jackson said they saw a female believed to be Sue laying in the hallway deceased. They entered the far west bedroom and discovered Sherry Folts, the suspect’s step sister deceased on the floor.
  • Jackson said he made contact with Tony, who told him ” arrest me.” He said when asked what happened Tony said he remembered he stabbed Sherry and after stabbing her he blacked out and did not remember anything else.

Garrison said he was given additional information by investigator Chester Bobbitt.

  • Bobbitt said he conducted an interview with Scott Day. He said Scott stated Tony entered his room and told him that he had killed their sister and said that they needed to kill the rest of them.
  • Scott said he was observing blood on Tony’s clothes when Tony picked up a rifle and shot their Mother. He said he grabbed the rifle from Tony and struck him in the face with the stock and knocked out two of his teeth.
  • Garrison said he, Agent Patrick Bucksath, Bobbitt and Fredric returned to the residence, secured a .22 caliber long rifle and began to process the crime scene. He said they returned to the state police office read Tony his juvenile Miranda warnings, after which Tony admitted to stabbing Folts and shooting Sue Day with a rifle.

As details of this double homicide unfolded, many residents found it hard to believe.

“We have seen the boys (Tony and Scott Day) walking down the road and never noticed anything wrong,” said Albert Lopez, neighbor.

“It’s so hard to believe, we knew them and something like this happens,” said Alice Lopez, Albert’s wife.

Counselors have been made available to Tucumcari Middle School students and staff, who are stunned by the events.

“This is very uncharacteristic from the young man we all have come to know,” said Principal Roberta Segura.

Segura said overall there is sadness at the school, no one can understand or grasp what has happened. She said both students and staff are in shock and disbelief.

Segura said Day was a good student, completing his work, test scores were good. She said he was involved in sports and he was an all around good student.

“He is a well liked by his fellow students, teachers and peers,” Segura said.

Segura said Tony has a steady 3.0 GPA and there had been no disciplinary problems, this year to date. She said there were no entries made into his discipline folder.

Segura said last year there were some minor incidents entered into Tony’s file. One occurred on the school bus and resulted in him losing his riding privileges for the remainder of the year.

“There were no signs,” Segura said. “Nothing to suggest that Tony would commit or be capable of committing such actions.”

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