Man arrested after spending Christmas Eve inside closed Santa Fe Walmart

Santa Fe police say a man living on the streets chose a local Walmart as his home for the holidays — eating, drinking and unwrapping gifts in the form of unpaid merchandise long after employees went home.

Rodolpho Mendiola, 53, is facing aggravated burglary, attempted larceny over $20,000, criminal damage to property and other charges in the incident.

Mendiola was booked into the Santa Fe County jail overnight Wednesday.

Mendiola is currently on pretrial release in connection with a similar case from October, according to court records, when he hid inside a Dollar General until it closed and then rummaged through food items.

Court records show Mendiola has been homeless for several years while battling mental health issues and drug abuse.

Henry Emerson, Mendiola’s attorney, said his client “like everyone... has the presumption of innocence.”

“While the court will hear the evidence, we can see these cases point to the ongoing housing issue in our community, particularly during the winter months,” Emerson said in a statement.

It was around 3:45 p.m. when Santa Fe police were called to a break-in at the Walmart along Cerrillos Road, near Interstate 25, according to a statement of probable cause filed in Santa Fe Magistrate Court. An employee told police he came to the store, which was closed on Christmas Day, to pick up personal things when he saw a man walking around inside.

Police said officers found Mendiola in the cat food aisle, and he was detained. Mendiola told police he came to the store before it closed on Christmas Eve and fell asleep inside a clothing rack.

Mendiola told police that, once employees left, he loaded up three shopping carts “because people were out to get him, and he needed multiple items to go camp,” according to the statement. Mendiola told police he also drank half a bottle of liquor from the store and “knew he was going to prison for this.”

Police said surveillance video showed Mendiola filling the carts with items, eating and drinking products off the shelves and “defecated around the store multiple times in miscellaneous aisles.”

Mendiola also damaged a glass case and several electronics around Walmart, according to the statement. Police estimated the items Mendiola placed in the carts, which he told them he didn’t plan to buy, cost more than $24,000.

Police said Walmart security told officers Mendiola had shoplifted from the store in May and been given a no trespassing order from the Walmart.

Mendiola’s substance abuse and mental health issues date back to at least 2010, according to court records, when he was ordered to undergo treatment as part of his probation.

At one point, Mendiola relapsed during that sentence, but a therapist said he had been “progressing with treatment.”

“Mendiola was honest and apologized for his relapse,” a probation officer wrote in the 2010 violation report. “... It is believed he drank alcohol only because he ran out of the necessary medication for his mental health issues and his treatment provider was unable to accommodate his needs.”