If the New Mexico authorities choose to prosecute her, I don't think she has much of a defense. But I don't think they are going to, so that issue is moot.
As for a duty to warn, to explore your metaphor, you might have a duty to warn the people going out on the ice if you knew they were putting themselves in danger and you had some responsibility for the condition of the ice or ownership of the property. But you have no duty to tell them that they are making fools of themselves.
Look at it this way, for a duty to fall on somebody, they have to be in a position of responsibility and be required to maintain awareness of something. So I have all sorts of duties with regards to my property, so I am required to inspect my property from time to time to be reasonably sure that I am performing my duties. I have all sorts of duties with regard to my minor children, so I am required to know, pretty much, where they are at any given time.
I am in no way required to keep tabs on a police investigation happening thousands of miles away, so how can I have any legal duty in that regard?
FWIW, your rationalize that its okay to yell FIRE in a crowded theater as long as no one gets hurt and as long as their are no injuries.