Coleman dodges restitution
An upset Sheriff’s Deputy Maiorano walks out of court

By Bill Donovan
Staff writer

Steve Coleman

GALLUP — If everything goes as expected — and little has in the prosecution of Steve Coleman — the Gallup Indian trader should be on his way to Las Lunas on either Monday or Tuesday to begin serving his four-year state prison sentence.

Coleman had another restitution hearing before District Judge Robert Aragon on Friday. He had already been sentenced to nine years — with five years suspended — for firing dozens of times into the unoccupied home of a deputy sheriff who had cited him for DWI and trying to set his counseling office on fire.

But since the sentencing 10 weeks ago, he has remained housed at the Gallup Adult Detention Center pending a hearing on restitution to the officer — James Maiorano — whose trailer was shot up by Coleman.

Back in September, the plans were to use the $100,000 cash bond that Coleman had paid to reimburse the officer for his expenses to repair his trailer. The idea was that once the amount was determined, it would be paid out of the bond and the rest returned to Coleman’s family.

Things changed on Friday, resulting in Maiorano getting so upset that he just stood up and walked out of the courtroom.

Under the decision reached on Friday, Maiorano will still get restitution but not until Coleman has served his sentence and spent at least six months in an alcohol treatment center. And it’s up in the air how much he will get back.

That decision came about when Bob Cooper, Coleman’s Albuquerque-based attorney, pointed out a state law that requires the defendant to work out a restitution plan with his parole officer once he has served his sentence. The state law said that restitution will be determined not only by the cost of damages to the victim or victims, but the defendant’s financial situation at the time, his mental health and his ability to earn income.

Mike Calligan, chief prosecuting attorney for the McKinley County District Attorney’s office, expressed his displeasure at this, saying he did not feel it was right for Coleman to have any say in how much he will have to pay Maiorano back.

At the sentencing hearing, Maiorano told the court that his trailer suffered severe damage in the gun attack with dozens of bullet holes through the trailer and in other rooms, including those of his children. The shots destroyed the family television and put a hole in the furnace. The cost to repair the holes and replace the furnace and other things that were destroyed was put at $21,000. Maiorano said he was waiting for the restitution before he could make the repairs and replace the furnace.

Tom Mumford, who was also involved in citing Coleman for DWI and who stayed until the hearing ended, said he was unhappy with the fact that his fellow officer won’t be getting the restitution he needed to repair the damage Coleman has done to his life. Maiorano will just have to sue Coleman now, he said.

Calligan said this is the only option he also sees Maiorano having at this time.

In the past, district courts in Gallup have arranged restitution to be paid from excess bail money and Aragon said in the court he was unaware of the law that Cooper cited. But once it was pointed out to him, he said he would follow it.

In fact, Calligan said, that law seems to be in direct conflict with other state laws that end a judge’s involvement once the defendant has been sentenced and starts serving his term but Cooper said it was obvious that the judge would continue serving in the case since the law he cited says the restitution plan that is worked out by the parole officer and the defendant must be approved by the presiding judge.

The question of restitution is still one that is marred in controversy.

While Calligan said in the hearing that every victim should have the right for restitution, figures developed by the state indicate that only about half the victims actually get restitution and of that number, only about half get the full amount that the court says they should get.

At the conclusion of the hearing, a decision had to be made as to how soon Coleman would be sent to a state prison.

Adult detention officials said it was too late to send him Friday since some paperwork had to be completed by the DA’s office and Coleman’s attorney. If that is completed Friday, he would be scheduled to be transported to Las Lunas on Monday. If it isn’t completed until Monday, he will go on Tuesday.