Deming tow operator freed, accused truck thief held

DEMING — A Deming towing operator was released on personal recognizance Wednesday after a detention hearing in which community members turned out in a show of support.

Ramon Peña, 58, faces eight felony charges of aggravated assault, accused of chasing a man charged with stealing a flatbed truck from his business for 55 miles into Las Cruces on Feb. 10. Police say that during the pursuit, Peña shot at a vehicle holding the accused car thief and other passengers and rammed their car with his pickup truck.

The accused thief, Nicholas Day, 28, is also in custody facing a charge of vehicle theft and two new charges of aggravated assault with a deadly weapon and conspiracy to commit perjury.

Prosecutors argued that Peña was too dangerous for release, arguing that he “engaged in a series of acts over a prolonged period that create a strong inference of a potential to reoffend,” but state District Judge Jarod Hofacket ordered his release on conditions including relinquishing any firearms and standard pretrial supervision.

A spokesperson for District Attorney Norman Wheeler said the office has recused itself from Peña's case and requested a special counsel to take it over. Further proceedings have not yet been scheduled, according to court records.

Day, on the other hand, will be held without bond through his trial after state District Judge Jennifer DeLaney found on Tuesday that Day was dangerous to the community and had violated probation.

At the time of his arrest, Day was also facing a grand jury indictment in Doña Ana County on a charge for possessing stolen vehicles. Prosecutors dropped those charges on Feb. 13 “pending further investigation,” according to a court filing.

Day is accused of taking the flatbed truck from Ramon’s Towing and Auto Repair, which he allegedly ditched on Interstate 10 during the pursuit and joined three other passengers in a Hyundai that drove into Las Cruces with Peña in pursuit. No one was reported injured in the incident.

Algernon D’Ammassa is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.