Man gets probation for beating 2 people

By Tom Purdom
Staff Writer

GRANTS — On Sept. 20, 2003, Phillip Long, 52, beat a household member with a deadly weapon, then used the same weapon to beat someone else on the same day.

He was charged with aggravated battery with a deadly weapon against a household member and aggravated battery with a deadly weapon, both third degree felony counts. A third degree felony is punishable by a prison term of up to three years and/or a $5,000 fine. Long faced up to six years in prison and/or $10,000 in fines.

Instead, after a plea-bargain deal, he got lucky. Long was sentenced to five years of probation.

Long was charged the day he beat the people. On May 26, 2004, the Thirteenth Judicial District Attorney's Office in Cibola County filed a criminal information on Long and on June 6, 2004, the case was bound over from magistrate court to district court. On June 30, 2004, Long waived his right to an arraignment, court records show.

Long was supposed to go to trial twice, and twice the matter was continued, but then, on March 9, 2005, Long reached a plea bargain deal.

He was given a six year suspended sentence on the condition that Long serve five years of supervised probation.

In addition, Judge Camille Martinez-Olguin ordered him:

• To pay probation costs in the amount to be determined by the adult probation and parole office.
  
  
• To successfully complete a substance abuse treatment program approved by adult probation.
  
  
• To successfully complete any other treatment program recommended by adult probation and parole.
  
  
• To pay a $100 DNA fee and submit to a DNA test.
  
  
• To pay a $5 domestic violence fee for each count for a total of $10.
  
  
• To pay restitution which will be determined by the adult probation and parole office.

In another case, Joseph Salazar, 26, pleaded guilty to violating the terms of his probation and was given a suspended sentence, with conditions. According to court documents, Salazar is to be released from Cibola County Detention Center into a drug and alcohol rehabilitation program in Gallup and is to enter and successfully complete the Path of Renewal Program for two years. In the original probation Salazar was allowed to be on a work-release program, but this time, the judge would not allow a work-release program.

In 2002, Salazar pleaded guilty to five drug charges including two counts of distribution of marijuana and trafficking cocaine.

Tony Ferguson, 42, of Milan, was sentenced to an 18-month deferred sentence and 18 months of probation for possession of methamphetamine. According to court documents, Ferguson pleaded guilty to the Feb. 21, 2004, charge of possession of a controlled substance (methamphetamine), a fourth degree felony, on Feb. 3.

Olguin also ordered Ferguson to pay probation and restitution costs which will be determined by adult probation and parole, to enter and successfully complete a drug and alcohol assessment program, to pay a $5 domestic violence fee and to obey all rules and regulations of the state, county and federal government.

Olguin also ordered the 42-year-old Ferguson to get his GED.

— Contact reporter Tom Purdom at (505) 285-6184.