Serving the High Plains
Serving the High Plains
A Tucumcari man accused of sexually assaulting a preteen girl saw the criminal charges against him dropped this month because of a lack of evidence.
The charges against Fernando Samaniego, 43, officially were dismissed Sept. 5 in Tucumcari district court on the request of special prosecutor Russell Lance Miller of Santa Rosa.
“We made the decision that there was not sufficient evidence to proceed primarily due to the child having recanted critical details from her first statement and the lack of any other evidence to prove guilt other than the statements of the child,” District Attorney Timothy Rose stated in an email last week.
Rose also cited a Sept. 12 letter from Richard D. Flores, a district attorney in the 4th Judicial District in San Miguel, Mora and Guadalupe counties, whose office reviewed the Samaniego case.
“The initial allegations were quite concerning, however, the initial questioning prior to the safe house interview was overly suggestive by the Officer,” Flores wrote. “The child later recanted the allegations. The SANE (sexual abuse nurse examiner) interview did not corroborate the allegations; there was no physical evidence and the child was uncertain of the allegations. There were no other witnesses. DNA analysis did not provide additional evidence.”
Flores didn’t mention the officer by name in his letter, but a witness list in the case included Tucumcari police officer Shaun Slate.
Asked to elaborate on his statement about the officer, Flores stated “the ‘suggestive’ nature simply means that we felt that some of the questions were conducted in a ‘leading’ manner” during the officer’s initial questioning of the alleged victim.
Rose stated in an email he and assistant prosecutor Heidi Adams “met with alleged victim's mother to explain the evidentiary problems with the case and the likelihood of dismissal. She was not satisfied with the decision, so I offered to have another DA office take an independent review of the case and make the final decision.”
Tucumcari Police deputy chief Pete Rivera declined to comment on Flores’ statement about the officer’s interview with the girl, citing confidentiality laws. Police Chief David Lathrom was out of town when contacted by email and declined to comment.
Samaniego’s attorney, Brett Phelps of Las Vegas, stated in an email: "Mr. Samaniego maintained his complete innocence throughout this case. Vindicated by the dismissal, he is now able to put this ordeal behind him and move forward with his life.”
Samaniego had been charged with three counts of first-degree criminal sexual penetration of a child younger than 13 and one count of second-degree criminal sexual contact of a minor — all felonies. The alleged acts occurred between Aug. 1, 2018, and Nov. 30, 2018.
Samaniego faced up to life in prison and a $17,500 fine if convicted on the most serious charge.
District Judge Albert Mitchell gave Samaniego a conditional release from the Quay County Detention Center about a month after his arrest in mid-February, including having no contact with the alleged victim.