Accused Las Cruces City Hall window smasher released ahead of trial

LAS CRUCES — As police reviewed security footage that captured an act of vandalism at City Hall, they spotted a familiar face: A man arrested some 30 times since 2020 and more than 70 times over three decades, according to the 3rd Judicial District Attorney’s Office.

He had also been accused of breaking a window at City Hall last year, in a case that was dismissed after a court ruled he was not competent to stand trial.

At about 3:30 a.m. Saturday, June 14, cameras filmed an individual police identified as Neal Garcia, 43, allegedly throwing rocks at several ground-floor windows at the city building.

Eleven double-pane windows were reportedly damaged or completely shattered, allowing entry into the building. All the windows needed to be replaced. Ahead of a large “No Kings” protest that took place next to City Hall later Saturday morning, work crews were on scene boarding up the lost windows and securing damaged panes with tape.

According to police reports, investigators recognized Garcia from the video and obtained an arrest warrant even as officers were interviewing Garcia about an unrelated shoplifting complaint. Garcia was charged with a single count of criminal damage to property amounting to more than $1,000, a fourth-degree felony, and booked into the Doña Ana County Detention Center.

He was held there after prosecutors petitioned the court to keep him behind bars until he faces trial.

According to a police report, the city reported the cost of replacing a single one of the windows was over $1,600 in 2024.

Before state District Judge Douglas Driggers, Nelson Goodin of the DA’s office argued that, although no violence against a person had occurred, Garcia’s repeated arrests and charges involving break-ins, trespassing, shoplifting and vandalism demonstrated “he is creating a risk to the safety of the community.”

The argument echoed a theme in public debates about crime and behavioral health services in Las Cruces.

Police Chief Jeremy Story has repeatedly called for statutory reforms addressing competency and pretrial detention, saying a small number of repeat offenders has strained police resources and created nuisances for homes and businesses, downtown in particular.

In 2024 alone, according to prosecutors, seven out of 15 cases brought against Garcia were dismissed on the basis of incompetency, including charges of trespassing, shoplifting, property damage, motor vehicle theft and assault.

Last year, the Law Offices of the Public Defender released data that showed 6,996 cases handled by the agency since fiscal year 2020 had been closed because of an incompetency finding. Such cases represented about 2% to 3% of the annual closed criminal caseload.

As a legal argument, however, Driggers found no basis for ruling that Garcia was too dangerous for pretrial release. Goodin went on to argue that there were no conditions of release that would assure public safety or that Garcia would make required court appearances, citing repeated failures to show up for court and the high volume of property crimes for which he had been charged in the past.

Driggers denied the detention request, absent a required finding of dangerousness, and ordered Garcia released on a secured $10,000 bond. Among the release conditions, Driggers ordered Garcia under curfew between 8 p.m. and 6 a.m.

The DA’s office indicated it would seek a grand jury indictment, as a preliminary hearing was set for July 1.