Here is the actual Ruling
5-302. Preliminary examination.
A. Time.
(1) Time limits.
A preliminary examination shall be held within a reasonable time but in any event not later than ten (10) days after the first appearance if the defendant is in custody and no later than sixty (60) days after the first appearance if the defendant is not in custody.
(2) Extensions. Upon a showing of good cause, the court may extend the time limits for holding a preliminary examination for up to sixty (60) days. If the defendant does not consent, the court may extend the time limits in Subparagraph (A)(1) of this rule only upon a showing that extraordinary circumstances exist and justice requires the delay. The time enlargement provisions in Rule 5-104 do not apply to a preliminary examination.
(2) Extensions.
Upon a showing of good cause, the court may extend the time limits for holding a preliminary examination for up to sixty (60) days.
If the defendant does not consent, the court may extend the time limits in Subparagraph (A)(1) of this rule only upon a showing that extraordinary circumstances exist and justice requires the delay.
It's absolutely clear that the judge had a judicial choice to make and he made it in favor of the Muslim terrorists and against the New Mexican people.
This was not a case where his hands were tied and the law forced him to release the terrorists.
Judge Jeff McElroy chose to ignore the obvious fact that extraordinary circumstances exist in the details of this terrorist-school shooting training compound with child abuse and dead child factors.
Judge McElroy allowed three of the dangerous perps to walk back into the world of innocent victims.
The Judge cannot “show good cause” or “extraordinary circumstances”. That is the responsibility of the prosecutor. Not only had the prosecutor not requested such a delay, they had not even SCHEDULED the preliminary examination hearing. This is incompetence on the part of the prosecutor. The Judge dismissed without prejudice which means the DA can refile the charges. Also, the 3 women released were only charged with “child abuse”, while the men who were NOT released, were charged with “child abuse resulting in death”. All were back in jail before the FBI stepped in.
And did the prosecutor move the court for such an order, supported by facts supporting that extraordinary circumstance exists?
The police/prosecution have made all sorts of wild statements about what was going on there, but when it counted- in court in front of a judge they did not bring charges on the most serious of those claims. That is the reason the 1st judge did what she did on the bail and why this judge dismissed. Judges have to deal with what is filed, not what is claimed in news articles. For some strange reason the police/prosecutor did not back up their claims in court.
This has not made sense from the beginning, no matter how you look at it. There is a mystery here, and as far as I am concerned the police have some explaining to do. They left many things that should have been considered evidence behind after their investigation. They released the compound within just a few days and a reporter went in there and found all sorts of things that should have been taken from a crime scene. Then the compound was partially destroyed by bulldozing, and I have not seen a good source that explains who bulldozed it and what authority ordered/allowed it to happen.