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Woman takes plea in 2023 death of a disabled woman in her care

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Patricia Hurtado

One of two women charged in the 2023 death of a disabled woman in their care pleaded guilty this week to three felonies and agreed to testify against her co-defendant.

The plea agreement calls for Patricia Hurtado, 44, to serve five years in prison in the abuse death of 38-year-old Mary Melero, who was found severely injured in a van destined for Mexico. Melero later died in an El Paso hospital.

Prosecutors with the New Mexico Department of Justice allege Hurtado and Angelita Chacon, 54, inflicted “horrific” injuries on Melero and were attempting to transport the disabled woman out of the United States to conceal their crimes.

Hurtado pleaded guilty Tuesday to kidnapping, conspiracy to commit kidnapping and Medicaid fraud and agreed to provide “truthful statements and testimony” at Chacon’s trial.

Judge Christopher Perez in June ordered both women remanded to custody following an hourlong hearing in 13th Judicial District Court. Chacon is scheduled for a pretrial hearing in January.

“Our priority has always been justice for Mary, and this admission of guilt and promise of cooperation brings us one step closer to achieving it,” Attorney General Raúl Torrez said in a statement.

“Hurtado’s admission of guilt affords a measure of justice to the victim’s family and an accounting of the losses to Medicaid caused by Hurtado’s fraud and abuse, while also advancing the prosecution against the main culprit, Chacon,” Torrez said.

Hurtado’s attorney, Susan Burgess-Farrell, declined to comment about the case Wednesday. Chacon’s attorney, Camille Cordova, did not immediately return phone messages seeking comment.

Hurtado and Chacon both remain in custody pending resolution of their cases.

Hurtado’s plea agreement also requires her to pay restitution of $861,649 to the state and $2.5 million to Melero’s estate.

Hurtado and Chacon were attempting to drive the van across the border to Mexico when Border Patrol agents found the disabled woman lying on the floor with “horrific” injuries, Torrez said in a 2023 news conference.

Torrez used the word “torture” to describe the treatment Melero received at the hands of her caregivers, who were paid under the state’s Developmental Disabilities Waiver program.

Melero’s injuries included bedsores that went to the bone, open wounds that were septic and bruises from being restrained, according to court records. Melero was taken to an El Paso hospital, where she had a heart attack and died after being taken off life support on April 7, 2023.

Melero’s death while in the care of the state’s Developmental Disabilities Waiver program led to an investigation into the treatment of disabled New Mexicans in the care of a state program intended as an alternative to institutionalization.

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