近距离内射合集

MESILLA 鈥� Steven Samuel Herrera of Las Cruces celebrated his 24th birthday at the historic Mesilla town plaza, but the party turned upside down when he was arrested and jailed for a few rude words to a police officer and lighting up in a no-smoking zone.

Now he鈥檚 taking the town and two deputy marshals to court.

Herrera was drinking at El Patio Cantina, a historic bar established in 1934 in an adobe building dating to the mid-nineteenth century. The location served as a headquarters for Col. Albert Jennings Fountain, who was Billy the Kid鈥檚 defense attorney in 1881.

A few minutes after midnight on May 25, 2024, according to the original police report, Herrera and an unidentified companion stepped outside El Patio for a smoke.

It was Memorial Day weekend, and Deputy Marshals Jonathan Reyes and Brandon Baca were on duty in the plaza. Reyes stated in an affidavit that Herrera was directed by El Patio staff to walk around the corner to smoke on Calle Principal because the plaza was a no-smoking zone. Herrera鈥檚 companion allegedly gestured toward the two deputies and asked whether they would be arrested for smoking, and Reyes reported that he told them they would receive citations if they violated the ordinance. Herrera allegedly told the officer to 鈥渟hut the (expletive) up鈥� as he lit his cigarette and walked to Calle Principal.

A short time later, Reyes reported that Herrera returned to the bar鈥檚 entrance on the plaza at Calle de Parian, still smoking while staring directly at the officer. 鈥淚 then walked over and stated if you don鈥檛 want to listen then you are under arrest,鈥� Reyes stated, citing the Mesilla town code, handcuffing Herrera and eventually booking him into the Do帽a Ana County Detention Center. The report does not indicate that Herrera resisted or attempted to flee.

鈥淩ather than issue the routine warning or citation contemplated by Mesilla鈥檚 smoke鈥恌ree ordinance, Deputy Reyes chose to abuse his authority and put Mr. Herrera in his place,鈥� Herrera鈥檚 attorney, Marisa Ong, wrote in a civil complaint. 鈥淗e escalated a minor, non鈥恈riminal, public鈥恏ealth infraction into a custodial arrest, aggressively manhandled Mr. Herrera, and booked him into the Do帽a Ana County Detention Center, where Mr. Herrera remained for four nights.鈥�

Herrera was charged in Mesilla鈥檚 municipal court with violating the smoking ordinance and interference with officers.

Herrera stayed in jail after the officers told the detention center he was being booked on a no-bond hold, although Herrera had yet to appear before any judge and the arresting offense was an infraction normally resulting in a citation.

Town officials did not respond to queries from the Journal on Tuesday. 

Herrera was ultimately found not guilty on the smoking charge in a municipal court bench trial, but fined $558 for the resisting charge. He appealed the case to state District Court, after which the town dropped the charge and the matter was dismissed.

Herrera鈥檚 lawsuit, which names Reyes, Baca and the town as defendants, alleges his arrest was retaliatory, violated his civil rights by punishing protected speech and subjected him to unlawful arrest as well as a prolonged detention without legal authority.

The lawsuit seeks to hold the town accountable for constitutional violations by the two officers, false arrest and imprisonment followed by malicious prosecution under New Mexico tort law. The suit also faults Baca for failing to intervene during the arrest or booking.

Herrera is seeking unspecified compensatory and statutory damages from a jury.

Algernon 顿鈥橝尘尘补蝉蝉补 is the Journal鈥檚 southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.