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Ricky Leyba, 28, was cleared this week of an allegation that he had violated his probation on a 2011 shooting case outside of Cheeks, while a suggestion to seek restorative justice with his victims may be stalled.
At least one shooting victim is not willing to pursue that route, calling it “ludicrous” and worrying that it could set back his recovery.
Leyba was found not to have violated his probation following a hearing before state District Court Judge Sylvia LaMar on Monday, according to Assistant District Attorney Jason Lidyard.
On Feb. 14, 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.
LaMar had floated the idea of trying restorative justice at the beginning of the hearing in March, saying it might bring “healing” to the case.
Lidyard said restorative justice can happen at any point in the legal process, provided the victim and defendant agree to participate. But Lidyard said Joe Corriz, who lost his left leg as a result of the shooting, was upset with the ruling and was unwilling to try restorative justice.
Another victim of the shooting, Steven Quintana, did not attend the hearing.
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.
Corriz said in a telephone interview Tuesday that he didn’t think much of the idea. “I don’t know what she’s thinking,” Corriz said of LaMar.
Corriz said he’s been in therapy since the incident and has trouble talking about it sometimes, even in that setting. He was worried that he would be set back by meeting with Leyba.
“That’s tempting the fates, you know?” Corriz said.
Lidyard said he did not know if Leyba was interested in participating. Calls made to attorney Dan Marlowe, who represented Leyba, were not returned.
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. that day, injuring Corriz and Quintana. Santa Fe Police say the fight was sparked by a misunderstanding and that the two men were not Leyba’s intended targets.
