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After numerous delays, Paula Darner to face trial in July on big-game violations.
Paula D. Darner, wife of former Grants game park owner Kirt Darner, will go to trial on July 21 on charges similar to those facing her husband, whose own trial was set for June 23, the Gallup Independent reported this week. After five previous postponements, Kirt Darner last week was found competent to stand trial on a variety of charges, including the illegal possession of two sheep skulls, illegal transportation of elk and numerous other counts that could result in penalties of up to 44 years in prison and fines of up to $58,000, the Independent reported. Paula Darner, who was indicted in February 2006 on charges similar to those facing her husband, is facing a possible 25 years in state prison and a fine of more than $75,000 if convicted, the paper said. District Attorney Lemuel Martinez told the Independent earlier this week that what happens to Paula Darner will depend on the outcome of her husband's case, but he would not comment on whether prosecutors have offered either of the Darners a plea deal. Charges were filed against Paula Darner because she operated the Lobo Canyon big game park north of Grants along with her husband, which Martinez told the Independent means "she is either an accessory, aided or abetted him or a co-conspirator in the case." Despite the previous postponements, Martinez said he thinks this time the trials will actually take place, the Independent reported. "Both sides are tired of all the delays," Martinez told the paper.
5:55am 4/21/08 -- Darner Found Competent To Stand Trial: Former owner of big game park near Grants to be tried beginning June 23. Kirt Darner, former owner and operator of a big game park near Grants, was found competent to stand trial on a variety of charges, including illegal possession of two sheep skulls, illegal transportation of elk and other counts stemming from a February 2005 grand jury indictment, the Gallup Independent reported. State District Judge Camille Martinez-Olguin made the ruling on Friday and set a trial date of June 23, the Independent said. The judge also set hearings on motions by Darner's attorney, Billy Blackburn of Albuquerque, to suppress evidence, to dismiss the case, to exclude testimony from a wildlife appraiser, and to exclude New Mexico Game and Fish agents from being in the courtrood, the paper reported. Those hearings will be held on May 2 and on May 29-30, according to the Independent.
8:50am 4/18/08 -- Is Ex-Game Park Owner Competent?: Hearing to determine whether Kirt Darner should stand trial for 2004 elk charges. A mental health competency hearing has been scheduled today for Kirt Darner, former owner and operator of a big game park near Grants, to determine whether he should stand trial on a 20-count indictment for crimes he is accused of committing in 2004, the Gallup Independent reported. The hearing, before state District Judge Camille Martinez-Olguin, will determine whether Darner goes to trial on a 20-count grand jury indictment that accuses him, among other things, of illegally transporting elk to the game park in 2004, the Independent said. The February 2005 indictment alleges conspiracy to transport livestock, tampering with evidence, transportation of stolen livestock (elk), receiving stolen property (one skull each of Desert Bighorn and Rocky Mountain sheep), unlawful possession of big game (elk), failure to submit an invoice for sale of big game, failure to have two forms of identification and no health certificate, according to the Independent. If convicted of all charges Darner could be facing up to 43 years and 354 days in prison, a fine of up to $58,000 or both, the paper reported. If Martinez-Olguin rules Darner is competent, a trial date will be set, the Independent said. But if she rules he is incompetent, prosecutors will seek to have Darner committed to the state mental hospital in Las Vegas, N.M., to serve his time, 13th Judicial District Attorney Lemuel Martinez told the Independent.
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