Charges refiled in dragging

Independent staff

John Talamante

GALLUP — The McKinley County district attorney's office has gone to a higher court with charges against a man accused in the dragging of a Gallup man.

The district attorney's office on Tuesday dismissed charges in magistrate court against John Pete Talamante, 24, then refiled the same charges kidnapping, assault with intent to commit a violent felony and aggravated battery in state district court.

District Attorney Karl Gillson said his office decided to take the case to district court because of the seriousness of the charges.

District court officials said no decision has been made yet as to whether to take the matter before a grand jury. Gillson said a district judge could decide instead to hold a preliminary hearing, in which the judge would decide whether there was sufficient evidence to go to trial.

Talamante still remains in county jail on $500,000 cash-only bond.

Michael Callaghan, acting chief deputy for the district attorney's office, said this was "nothing more than a legal mechanism to move forums."

He added that the district attorney's office is still unsure as to who will be representing Talamante, who was scheduled to have a preliminary hearing in magistrate court on Wednesday. With the change in courts, that hearing has now been canceled.

Callaghan said that the district attorney's office suspects that Talamante's defense will be handled by the local public defender, who has been on vacation.

"I doubt if he would have been ready to handle the preliminary hearing on Wednesday," Callaghan said.

Talamante pleaded not guilty in magistrate court to the charges filed in the Easter Sunday dragging of Fausto Arrellano, 32, a single father of two. Arellano's condition was upgraded to serious last week from critical at University of New Mexico Hospital in Albuquerque.

Police say Arrellano was dragged at the end of a rope for about 4,000 feet before he fell off or the rope broke.

Investigators have said they do not believe the case is a hate crime.