Posted on 02/15/2005 10:23:46 PM PST by ambrose
Tuesday, February 15, 2005
Tesuque Judge's 4th DWI a Felony
By Jeremy Pawloski Journal Northern Bureau
SANTA FE— Tesuque Pueblo Tribal Judge David J. Tapia, 45, was arrested Feb. 4 on a felony DWI charge, "his fourth or subsequent arrest for DWI," according to court records.
Tapia, reached for comment at Tesuque Tribal Court on Monday afternoon, referred comment to the pueblo governor's office. The Tesuque tribal governor could not be reached for comment Monday.
Santa Fe Deputy Police Chief Eric Johnson said Monday that it is his understanding that the David J. Tapia who was arrested Feb. 4 in downtown Santa Fe is in fact the Tesuque tribal judge.
According to the probable cause statement for Tapia's arrest, around 10:30 p.m. Feb. 4 Tapia was pulled over for careless driving at the corner of Guadalupe Street and Manhattan Avenue.
According to the statement, Tapia was talking on a cell phone without a hands-free device— in violation of Santa Fe's city ordinance that bans using cell phones while driving. Tapia had also stopped at a green light for about 10 seconds, the arrest statement reads.
The officer smelled liquor on Tapia's breath and also noticed that his speech was slurred, according the statement. Tapia admitted drinking a glass of wine with dinner, the arresting officer wrote.
Tapia "had to brace himself with the left side of the vehicle" while exiting and refused to submit to any field sobriety tests, the officer's report states. Tapia also refused to take a blood-alcohol test, which under state law results in an automatic loss of one's driver's license for a year.
Tapia twice stated, "No, I will not," when asked to submit to a breath test, according to the probable cause statement.
"Dispatch advised that this arrest was Mr. Tapia's fourth or subsequent arrest for DWI," reads the statement.
Tapia's criminal complaint indicates he was charged with driving while intoxicated and careless driving.
State Motor Vehicle Division records indicate Tapia was cited for DWI in 1991, 1989, and 1987. They also indicate that in 1998 he was cited for driving with an expired registration.
Tapia entered a not guilty plea on the new charge Feb. 7.
The DWI charge has been dismissed in Magistrate Court by the Santa Fe District Attorney's Office, but District Attorney Henry Valdez said Monday the case will be taken to a Santa Fe District Court grand jury for possible indictments, which is standard practice for felony DWIs.
Tapia formerly served as a tribal judge at Taos Pueblo. An employee at Taos Pueblo Tribal Court confirmed Monday that Tapia left the bench at Taos Tribal Court on Oct. 22, to work as a tribal judge at Tesuque Pueblo.
I wonder if we FReepers could get our own independent and soveriegn reservation.... maybe Texas?
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