Proposal puts healing over hostility

State District Court Judge Sylvia LaMar suggested Friday the use of “restorative justice” in connection with a probation violation case against a man convicted of shooting two people outside of Cheeks strip club on Cerrillos Road in 2011.

“The feelings in this case are running so strong and high,” LaMar said. “I think it would be beneficial to have healing instead of threats, hostility and resentment.”

At the close of the hearing, which will resume April 8, LaMar gave copies of an article on restorative justice to 28-year-old defendant Ricky Leyba and his attorney Dan Marlowe, as well as to one of the victims in the case, Joe Corriz, whose left leg was amputated as a result of the shooting.

Leyba pleaded no contest to two charges of aggravated battery with a deadly weapon in July for the Aug. 12, 2011, shooting. Police alleged Leyba fired five rounds from a handgun in the parking lot of Cheeks around 2 a.m. on a Friday, injuring Corriz and Steven Quintana. Santa Fe Police alleged the fight was sparked by a misunderstanding and that the two men were not Leyba’s intended targets.

Leyba was ordered by former state District Court Judge Michael Vigil to serve six years for the charges and one year for a firearm enhancement, according to court records. The six years were suspended and Leyba served the remainder of the gun enhancement charge on electronic monitoring, after getting 337 days of presentence confinement credit. He was ordered to spend five years on probation.

On Feb. 14, Assistant District Attorney Jason Lidyard filed a motion to revoke Leyba’s probation, arguing he violated its terms on Feb. 6 by having a loaded firearm in his vehicle. Leyba denied knowing it was there and said it belonged to his passenger, according to the report. He’s fighting the probation violation.

On Friday, LaMar ordered that Leyba could be released from jail on 5 percent surety of a $10,000 bond, or $500. Leyba would stay at the home of his girlfriend, who is a witness in the case, scheduled to testify only about her residence and the identity of the car’s owner.

Corriz, who has been attending the hearings, was upset that Leyba would stay with a witness in the case. When LaMar allowed Corriz to address the court, he said Leyba “hurts” and “damages” people, and that allowing him to stay with a witness was not perfect.

“If it was a perfect world, I would be walking with two legs,” Corriz said.

Following the hearing, Corriz said he was in grief counseling for the loss of his leg. When asked about restorative justice, he said he doubted that Leyba and his family could understand what he was going through.

Members of Leyba’s family, as well as Marlowe, said they would be willing to try restorative justice. A family member addressed the court and said Leyba would, as soon as he’s able, attend a hearing for behavioral services. She added that Leyba has trouble sleeping.

LaMar said following the hearing that it was her hope, regardless of the outcome, that each side uses restorative justice. She said it could take place after the end of the hearing but prior to sentencing.

Two sides meet

According to the website RestorativeJustice.org, such sessions can take the form of a meeting with the victim and the offender in the presence of a trained mediator. Other methods can include circles or conferences, with families and members of the community.

Thom Allena, who consults with courts, attorneys and communities about restorative justice, wrote the article LaMar gave to each side. Allena said in an interview that two things were key in such hearings: that the victim is not re-victimized and that the offender accept responsibility for what occurred.

“Unless, of course, he’s not guilty,” Allena said.

Allena said such sessions could include asking the offender about the crime he or she committed, what they were thinking at the time and what happened since then.

“It’s important for victims of crime to hear the offender take responsibility at the front end,” Allena said.

The sessions can take into account how that crime affected the victim in the case and the community. Allena used the example of someone deciding to change his locks after a neighbor’s home was broken into.

The sessions can also include plans for ways the offender can repair the harm to a victim and how the offender can learn to make different choices. These sanctions can then become part of an offender’s sentence.

In his article, Allena cited one example of a fatal DWI crash in which the offender took responsibility for caring for the victim’s roadside memorial. The offender’s “circle” wanted him to get substance abuse and anger management treatment, as well as receive his GED while incarcerated.