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Man accused of toe attack again

SANTA FE, N.M. — The Santa Fe man arrested in February for biting off a piece of his ex-girlfriend’s toe is back in jail, this time for allegedly chomping on the same woman’s foot again and trying to cut off her toe with what appeared to be a cigar cutter.

In the latest incident, the woman fought back by stabbing Daniel Anaya, 27 — a former department store shoe salesman — with a fork and trying to scratch at his eyes.

Anaya was arrested Monday night after he showed up at Christus St. Vincent Hospital in Santa Fe.

The Monday attack in Albuquerque was the third time, according to the victim and police, that Anaya has attacked his ex-girlfriend and mutilated her toes.

The woman said she broke up with Anaya after four years of dating and got a restraining order against him after the first attack in November, when he bit off the toenail of a big toe. Anaya was arrested following a second attack in February, when he bit enough flesh off the woman’s other big toe to expose bone.

On Monday, according to an officer’s arrest warrant affidavit, Anaya’s ex-girlfriend was in a Lori Place NE apartment in Albuquerque early in the afternoon. She told police she’d moved from Santa Fe to live with a relative to get away from Anaya. She said she’d made sure she hadn’t documented her address on any paperwork.

The woman told police that when she returned home from work, she left a door unlocked for her children returning home from school. She said she heard the front door open and she saw Anaya standing inside.

The woman told him to leave and that he was not allowed to be near her under the restraining order. But Anaya responded, “I know, but you (expletive) up my life.”

She tried to run out the front door, but Anaya closed it and told her she couldn’t leave, the woman told police. She tried to call 911, but Anaya grabbed her cellphone and threw it on the floor. She then tried to run out the back door but had trouble opening it. Anaya punched her arm and she let go of the door handle, and Anaya locked the door. The woman said she was “screaming the entire time, knowing what he was going to do to her.”

Anaya pushed her down and straddled her, facing her feet. He removed her right shoe and sock and put her right big toe in his mouth and began biting.

He then took out what Santa Fe Police spokeswoman Celina Westervelt said was a cigar cutter, an oval-shaped device which has a blade in the center used to cut the tips off cigars.

Anaya slid the cutter over her toe and started to apply pressure to the toe, and the woman was afraid he would cut her toe off. She grabbed a fork from a coffee table and stabbed Anaya repeatedly in the back of the neck and upper back, but the stabbing “had no effect.” She grabbed Anaya’s face and tried to scratch or gouge his eyes. At this point, he stopped attacking her and told her several times, “You ruined my life.”

The woman got away and ran from her apartment and used a neighbor’s phone to call for help.

The woman’s toe had two circular cuts, one above the toe nail and one just above where the toe bends, described in the police affidavit “large bleeding lacerations.” The affidavit states that her toenail was very small and appeared to have only slightly grown back from the last time it was pulled out in one of Anaya’s prior assaults.

Westervelt said Santa Fe Police found Anaya at the Santa Fe hospital at about 9:30 p.m. Monday. He had checked himself in as a patient.

Dated until November

The woman told police she was dating Anaya until November, which was the first time he bit the big toe on her right foot.

Anaya was arrested following the alleged second attack in February. In that incident, Anaya came to her apartment on Entrada de Milagro in south Santa Fe and asked to smell her feet before shoving her against a wall, causing her to fall to the floor. It was her left big toe that he bit to the bone, according to a police report.

She eventually was able to fight him off and she ran to a neighbor’s home, where she called police.

Anaya now is booked in the Santa Fe County jail, held on a $100,000 cash-only arrest warrant charging him with kidnapping, aggravated battery on a household member causing great bodily harm, assault with intent to commit a violent felony, aggravated stalking and aggravated burglary. His booking mugshot shows that he has some wounds on his face.

His February charges were dismissed by prosecutors in Santa Fe County Magistrate Court “without prejudice,” meaning the charges can be refiled, according to Anaya’s attorney Chris Romero. Romero said he thought prosecutors in the case were still contemplating charges.

District Attorney Angela “Spence” Pacheco said she was not familiar with the February case but that normally a felony case would be dismissed without prejudice prior in lower court and prosecutors then take it to a grand jury for an indictment in District Court.