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The man accused of fatally shooting his 17-year-old friend and roommate at the Spring River apartment complex about two weeks ago will remain in jail until his trial.
A detention hearing for Darin Penn, 19, was held Monday in Judge James Hudson’s court at the Chaves County Courthouse. The case is in the New Mexico 5th Judicial District Court.
Penn is charged with one count of first-degree murder, to which he has entered a not guilty plea.
According to the order by Hudson, given court precedence and state law, the “State has proved by clear and convincing evidence that the defendant poses a threat to others or the community and that no conditions of release will protect the safety of any other person or the community.”
Chief Deputy District Attorney Taylor Jaggers said that the judge heard evidence about the specific crime and about Penn’s access to firearms.
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“I do think that the law was correctly applied,” she said. “Obviously, the state filed the motion, saying that he was a danger. It was applied similarly to other defendants who face the same charges.”
Penn was arrested on March 27 following the fatal shooting on the morning of March 26 of Mason Mayes inside the apartment Penn and Mayes were sharing with Penn’s brother. Mayes was found on the patio of the apartment with a gunshot wound to his head and died at a hospital that day.
An affidavit filed with the court indicated that Penn appeared to a police officer to be “intoxicated with an unknown substance due to his erratic behavior and speech.” Police stated they also observed him attempting to hide under a bench in a holding cell at the Roswell Police Department after being detained following the shooting.
The day before, in relation to another investigation, and in a 911 call on the day of the incident, Penn reportedly told police and dispatchers that people were shooting at his apartment and police were surrounding it.
Penn’s lawyer, S. Doug Jones Witt of Roswell, said that he thinks the case has been overcharged.
“We are of the mindset, based on what we have heard thus far, both from witness statements, police report and yesterday in the detention hearing, we are of the mindset that Mr. Penn’s case at best may be a second-degree murder, and I say that at best. Of course, I am a defense attorney, that is what I do, but in this case I believe that is correct factually.”
Witt added that he knows Penn feels great remorse for the shooting of his “very good friend” and believes Penn is a person “worth fighting for and worth saving.” He said it was clear that Penn was “suffering from delusions” at the time of the incident and that lab tests will determine whether those were due to drug use.
“I just think it is a horrible tragedy anytime a young person in our community is killed under these circumstances and it is an even further tragedy when another man’s life is at stake with these charges,” Witt said. “The process demands that we go through the evidence carefully and the process demands that each side be treated fairly in terms of the evidence and in terms of everybody’s rights.”
A preliminary hearing has been set for 9 a.m. on April 22 in Hudson’s court.
Lisa Dunlap can be reached at 575-622-7710, ext. 351, or at reporter02@rdrnews.com.
Man charged in fatal shooting held pending trial - Roswell Daily Record
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