Basketbrawl trial heads to jury

By Jim Tiffin
Staff Writer

TIERRA AMARILLA — Larry Archibeque and his daughter Claire Archibeque are on trial this week in the case where both are charged in connection with hitting police officers in an incident during a basketball game between Grants and Bernalillo in February 2005.

Opening arguments started Monday afternoon following jury selection Monday morning. The case is expected to go to the jury either this afternoon or early Friday, Lemuel Martinez, 13th Judicial district attorney said.

The prosecution, headed by 13th Judicial District Senior Trial Attorney Peter Robertson, rested its case Tuesday afternoon, following the testimony of seven witnesses, all law enforcement officers, including: Mike Cruz, New Mexico State Police; Mike Mays and Tony Mace, Cibola County Sheriff's Department; Adrian Lazos, a former deputy sheriff; John Casteneda and James Spidle, Grants Police Department and a videotaped deposition by Grants Police Officer Monica Porter.

Thirteenth Judicial Deputy District Attorney Randolph M. Collins said the prosecution also showed two videotapes of the incident at the school.

Spidle testifed about tasing Archibeque.

"He was actively resisting and not putting his arms behind himself as told by police officers," Spidle said.

After he was tased, he was cooperative, Spidle said.

The judge in the case, 13th Judicial District Judge George P. Eichwald, issued a directed verdict dropping two of the three battery on a police officer felony charges, Collins said.

The charges remaining against Larry Archibeque, 404 Maryhill, Bernalillo, are one count of battery on a peace officer, a felony; one count each of resisting or evading a police officer and criminal damage under $1,000, both misdemeanors; interference in an athletic event, a petty misdemeanor.

The single charge against Claire Archibeque is battery on a peace officer.

Both are being tried simultaneously with the same jury, Collins said.

The defense, headed by Attorney Armando Torres, submitted more than 30 names as witnesses but only about five testified Tuesday.

Martinez said he expects about four or five more to testify today and then the case should go to the jury.

The trial is taking place in Rio Arriba County because of a change of venue motion made by the defense.

The incident

On Feb. 15, 2005, Larry Archibeque and his daughter, Claire, allegedly struck law enforcement officers during a fight at the basketball game.

Larry Archibeque allegedly became involved in a fight that occurred after Grants High School students approached the visitor's section and began taunting the crowd at the end of the third quarter during the basketball game.

Bernalillo was being soundly beaten by Grants 70-33 at that point.

New Mexico State Police Officer Mike Cruz arrested Archibeque after he allegedly injured three Grants police officers while resisting attempts to remove him from the GHS gymnasium.

Cruz stated in his report Cibola County Deputy Sheriff Tony Mace approached Archibeque in the stands and asked him to leave and Archibeque refused.

Mace then tried to remove him by force and Archibeque resisted, according to Magistrate Court records

Restraint technique failedCruz then approached Archibeque and tried to use a restraint technique on him, assisted by Grants Police Lt. Mike Trujillo and Officer Monica Porter, court records state.

Archibeque struck Porter in the face with his fist and Trujillo sustained a dislocated elbow and a cut requiring stitches in the emergency room at Cibola General Hospital, according to court records.

Mace sustained a right sprained ankle and Cruz was struck in his upper left chest area, causing his uniform to tear, court records state.

Before the Bernalillo team left GHS, it trashed the girls' locker room, breaking benches and a window, court records state.