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Organized retail crime law yields its longest sentence yet

Defendant sentenced to 18 years in prison on law passed in 2023 Legislature

A photo of Jason Hurd as he stole from a Target in Albuquerque. Hurd was recently sentenced to 18 years in prison for organized retail crime.
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A criminal offense created during the 2023 legislative session to target prolific shoplifters just yielded its stiffest sentence yet.

Second Judicial District Judge David Murphy on Wednesday sentenced 45-year-old Jason Hurd to 18 years in prison on a charge of organized retail crime 鈥 part of House Bill 234 鈥 and drug possession.

Roberta Yurcic, Hurd鈥檚 attorney, said they were disappointed in the sentence.

鈥淚t wasn't a crime of violence. Jason was never armed or made any threats to anyone during those incidents,鈥 she said. 鈥淏ut on the other hand, we are aware of Jason's criminal history and, obviously, the concerns that he had a case that was pending sentencing when he picked up the new case, and so I guess we weren't entirely shocked either. We're disappointed, but not surprised.鈥

When HB 234 was signed into law in 2023, it was geared toward stiffer sentences for prolific shoplifters and those who act as a 鈥渇ence鈥 鈥 buying shoplifted goods for resale. It created the organized retail crime offense, applicable to those who steal $2,500 in merchandise in a year and held a punishment of up to nine years in prison.

The legislation, which passed easily, won the support of 2nd Judicial District Attorney Sam Bregman, Gov. Michelle Lujan Grisham and business owners. It faced criticism from the Law Offices of the Public Defender, and a legislative analysis projected it could cost the state over $500,000 annually in increased incarceration.

Hurd鈥檚 sentence is something of an outlier. 

Court records show that since 2015, Hurd had been charged more than 15 times with property crime offenses, mainly shoplifting and auto theft charges. In other cases, Hurd was arrested for more serious crimes: drug trafficking, aggravated battery and battery against an officer.

He has previously been sentenced to three- and four-year terms for criminal cases he was convicted on. In the most recent sentence, several cases were consolidated and, amid a slew of charges related to thefts at Target stores around Albuquerque, Hurd pleaded guilty to two. 

The plea agreement offered to Hurd by prosecutors outlined the possible range of incarceration from four to 22 years in prison. Murphy settled on 18 years, with more than a year of pre-sentence credit for the time Hurd spent behind bars awaiting trial.

In a new release Wednesday, Bregman said, "This should send a message to repeat shoplifters that there are serious consequences for these crimes. Our community is tired of organized retail theft, and we will continue holding repeat offenders accountable."

According to court records, no other suspects charged with organized retail crime have been handed such a sentence. Out of the 18 suspects charged under the new law, only four have been sentenced to multiple years in prison.

The second-longest sentence was nine years handed down to Raul Garcia, who was one of the only suspects who acted as a fence for shoplifted items. Garcia was given an 18-year sentence, but the judge suspended nine years.

That is the case for many of the suspects: Seven were handed probation 鈥 two after being placed on conditional discharge 鈥 and four were sentenced to serve less than a year and a half in jail, with one person serving 10 days behind bars.

One woman, Marileysi Campos, one of the shoplifters Garcia bought items from, violated probation by failing drug tests while on conditional discharge and was sentenced to over seven years in prison. Another, Celina Cordova, was ordered to complete drug court.

Blake Kelly, who was indicted by a grand jury on March 12, has pleaded guilty but not been sentenced yet. The guidelines in Kelly鈥檚 plea agreement state he 鈥渕ay be ordered to serve a period of incarceration of 8 years at initial sentencing.鈥

Matthew Reisen is a senior reporter for the Journal. You can reach him at mreisen@abqjournal.com.