Legal Question in Criminal Law in New Mexico

Hello, My son was shot and killed on dec 28, 2009, he and a friend were out shooting my son's 22 revolver, and the 17 yr old friend shot my 16 yr old son right between the eyes at distance of less than 4 feet. we have not heard of any charges pending against the other boy, yet we were told that he would be charged with negligent manslaughter, nor have we recieved the ballist report or the report form the ME's office. Does it usually take this long? The other boy hasn't even talked to the sheriff officers yet, his attorney keeps putting the interview off. What can we do to get some answers now?

thank you


Asked on 3/20/10, 9:21 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Unfortunately, it frequently takes many months for the ME to complete the post-mortem exam. Some can take more than one year. You can call the ME directly to inquire about the stage of the process, but remember you are dealing with NM government, so don't expect much. The shooter has no obligation to speak with anyone, and probably his attorney will not let him. He has the 5th Amendment right to silence. While we sympathize with your pain, and understand that these delays do nothing to soften that pain, investigations such as this often take many months, perhaps a year, before a decision is made by the DA as to whether or not to file charges. Regular contact with the DA's office can sometimes speed things along a little.

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Answered on 3/27/10, 7:22 am


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