Darner judged to be competent
to stand trial

By Jim Tiffin
Cibola County Bureau

GRANTS — Thirteenth Judicial District Judge Camille Martinez-Olguin ruled Friday morning that former Grants big game park owner Kirt Darner is competent to stand trial.

A trial date of June 23 was set during a Friday morning hearing in which Darner’s Albuquerque attorney argued passionately about motions to suppress evidence and to dismiss the case.

Hearing for those and other motions will be held on May 2 and May 29-30.

Darner is accused and charged in connection with illegal possession of two sheep skulls, one each of a Rocky Mountain and a desert bighorn, illegal transportation of elk, and several other charges stemming from a grand jury indictment in February 2005.

On the day his trial was supposed to begin, Jan. 7, 2008, Darner was ruled incompetent to stand trial because of medications he was taking for kidney stones.

In March, Darner had a surgical procedure which corrected the situation, and he is now not taking medication for that problem and is ready to go to trial, his attorney, Billy Ray Blackburn of Albuquerque, told the court Friday morning.
Motions

Five motions including ones to suppress evidence, dismiss the case, exclude expert testimony from a wildlife appraiser, exclude New Mexico Game and Fish case agents from being in the courtroom will be heard, and a ruling is expected from Martinez-Olguin on those days.

One witness, Darrin Holly, is a convicted felon. The prosecution alleges Darner hired Holly to steal the two sheep skulls from a taxidermist in Colorado, is one of the main issues in the case.

Blackburn wants the witness excluded, saying that the prosecution at one time did not list him as a witness and now it does.

Martinez-Olguin asked if Holly was on the prosecution’s witness list.

“Yes your honor, as long as he is on the planet somewhere, we plan to call him as a witness,” Randy Collins, the deputy district attorney who is prosecuting the case, said.

Collins told the court the prosecution has been ready to proceed with trial for some time and is ready now.

Blackburn declined to be interviewed or to allow Darner to be interviewed.

“We will tell our side of the story in court documents,” he said.

Another motion, to suppress evidence, states that some of the evidence seized during a search warrant was seized illegally and should not be allowed to be presented.

District Attorney Lemuel Martinez said the motions filed by Blackburn are standard.

“They are motions that defense attorneys file to defend their client.

“We are prepared for each motion and we are confident we will win each motion,” he said.

Nearly 44 years in state prison

If Darner goes to trial and is convicted on all counts, he could serve the maximum penalty of nine days short of 44 years in state prison, a fine up to $58,000, or both.

Indictments from the grand jury, of which some are multiple counts, include:

• Receiving stolen property (one each Rocky Mountain and Desert Bighorn sheep skulls);
• Unlawful possession of big game, two bull elk;
• Transportation of stolen livestock, bull elks;
• Conspiracy to transport livestock;
• Failure to submit an invoice for sale of big game, bull elk;
• Failure to have two forms of identification, bull elk;
• No health certificate.

To contact reporter Jim Tiffin e-mail call (505) 285-4560, or e-mail: jtiffin.independent@yahoo.com.