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Journal North: Home | Sports | Opinion | Obits | Entertainment
Friday, November 13, 2009
Charge Against Detective Dismissed
By Vic Vela
Journal Staff Writer
A domestic violence charge against a Santa Fe police detective was dismissed by a judge in Albuquerque on Thursday after only one prosecution witness showed up to testify at the cop's trial.
But the accusation against Michael LeBlanc — who headed SFPD's property crimes unit before being placed on paid administrative leave after his arrest in May — should not have gotten as far as it did to begin with, his lawyer said Thursday.
“What happened was not a criminal offense at all,” said attorney David Foster. “He never should have been arrested. They never should have taken action at all.”
Judge Rachel Walker of Albuquerque's Metro Court granted Foster's motion to dismiss the case after only one prosecution witness — an officer involved in the investigation — showed up for the trial.
As for the alleged victim in the case, LeBlanc's mother, she has refused to cooperate with prosecutors since her son was first arrested.
Normally an officer in a domestic violence case can testify if a witness is uncooperative, providing that the cop actually saw what took place. However, that wasn't the case with the officer who showed up to testify Thursday, said 2nd Judicial District Attorney's Office spokesman Pat Davis.
“We can't move forward without a witness or a victim,” Davis said.
LeBlanc, 36, was arrested May 26 after he allegedly threatened his mother at her home in Albuquerque, according to an APD report. The woman told police that she “was afraid and feared for her safety” after her son kicked a cup of soda in her direction and “walked towards her in an aggressive manner” as the two argued, the report states.
LeBlanc told the Journal in an interview after his arrest that he did not threaten his mother, with whom he has not had a good relationship “for several years.”
The woman was not hurt in the incident. LeBlanc was booked into Bernalillo County jail that evening on a single count of assault against a household member.
LeBlanc's arrest marked the third time since 2004 that he had been charged with domestic violence. In 2008, the sergeant entered a domestic violence program that stemmed from a 2007 incident in which he punched his estranged wife during an argument in their Albuquerque home, according to a criminal complaint. He completed the Domestic Violence Early Intervention Program, which resolved the matter.
In 2004, LeBlanc faced a battery on a household member charge out of Rio Rancho. Charges against him in that matter were also dropped.
Foster said Thursday that LeBlanc wants to resume his duties with Santa Fe police. However, that will depend on the results of SFPD's ongoing internal investigation. Police Chief Aric Wheeler said LeBlanc will remain on paid administrative leave pending the outcome of the investigation.
“I have to see the information that supports the allegations,” Wheeler said of what will guide his decision on whether LeBlanc will be allowed back. “If the information I gather is serious, then I have an obligation to take it seriously and deal with it accordingly.
“But we can't be too quick to judge in the meantime.”
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