Murderer cops plea agreement

By Jim Tiffin
Cibola County Bureau

GRANTS — As a plea agreement hearing was under way for previously convicted murderer Randall Kose, a tense situation developed, resulting in New Mexico Department of Corrections officers closing in around Kose as he refused to answer questions by 13th Judicial District Judge Camille Martinez-Olguin.

Kose apparently was not happy with the wording of a portion of the plea agreement that resulted in a no-contest plea and a suspended sentence for conspiracy to commit murder.

He pleaded guilty to attempted murder, aggravated assault with intent to commit great bodily harm, tampering with evidence and possession of a deadly weapon by a prisoner. He pleaded no contest to the conspiracy to commit murder charge.

No response
Kose sat silently, his body language showing defiance while defense attorney Armando Torres tried quietly, almost at a whisper, to urge him to answer the judge's questions. The judge was trying to ask Kose if he was in fact Randall Kose, had read the agreement, agreed to it and whether any force or coercion was used in making him agree.

After several minutes of angry silence, Torres requested a brief recess, which was granted.

Torres and Kose went into a side room to the courtroom and a few minutes later emerged, both with grim expressions on their faces. He then started answering the judge's questions.

He was then sentenced to 18 years in state prison, to run consecutively to a previous 50-year-sentence for murder (1997) and a nine year sentence for the conspiracy charge was suspended and probation ordered.

The judge told both the prosecution and defense attorneys that the aggravated assault charge triggered the "85 percent rule,"meaning Kose must serve at least 85 percent of his jail time.

Security tight
Security was the most it has been in some time and Cibola County Sheriff Johnny Valdez said in his 10 years in the county had only been this high twice before, once when another individual in the same case as Kose, Christopher Brandenburg, was in court in November 2006.

K-9 units, from both corrections and the Sheriff's department, swept the outside of the building at 6 a.m., Friday and then when the building opened at 8 a.m., swept every room, nook and cranny looking for bombs, strange packages or people who may have been hiding in an attempt to kill Kose.

When Kose was brought into the courtroom, there were 14 armed officers inside during the hearing and several more patrolling the outside area, in addition to Bailiff Gene Spidle, who was also armed.

Kose secured
Kose was handcuffed with his hands in front of him, his legs shackled, wearing a bullet proof vest and a bright yellow corrections department jumpsuit. He is a member of a gang that exists in the corrections department statewide calling itself, "The Brotherhood."

He attempted to kill another member of that gang in June 2005 while in prison at the Western New Mexico Correctional Facility on Lobo Canyon Road in Grants.

He was transported by armed corrections officers back to a maximum security level prison in Santa Fe following the hearing and sentencing. He was serving his murder sentence in Santa Fe prior to his hearing.

The 2005 incident
Kose and two other inmates, Christopher Brandenburg and Kenneth Griego attempted to kill Samuel Mascarenas, another inmate, at Western in 2005. The attempted murder was about leadership of the local gang, according to court records

After being transferred to Western from a corrections facility in Santa Fe, Mascarenas was attacked by Kose who came out of the showers with a "shank," a sharpened piece of metal, Deputy District Attorney Randolph M. Collins, 13th Judicial District, told the court.

Collins said Kose and others had discussed a "hit" on Mascarenas prior to his arrival. This wording was what Kose did not like and created the tense moments when he refused to answer questions.

While Kose was stabbing Mascarenas, Griego approached Mascarenas from behind and held him while also attacking Mascarenas, Collins said.

Mascarenas was stabbed about 20 times and was taken to Cibola General Hospital where he was treated and then transferred back to Santa Fe, court records state.

Collins told the judge that Mascarenas was stabbed in the head, face, chest and ear. One of the stab wounds punctured a lung, he said.

Mascarenas freed himself and tried running through a pod area while being chased by Kose and Griego. Brandenburg then joined in the attempt to catch Masceranes and kill him. The attack was then stopped by correctional officers, Collins said.

Brandenburg has already been in court in Grants (Nov. 27), and Martinez-Olguin sealed Brandenburg's and Griego's records. No information on either of these cases is yet available.

After the hearing Collins thanked the corrections department, the Sheriff's Department, Grants Police and New Mexico State Police for the way they secured the courtroom for the safety of those working in the building and those at court.

Cibola County Sheriff Johnny Valdez said he appreciated the way the agencies came through in assisting his department.

By state statute, the county sheriff's department is responsible for security and safety of the courthouse.

"It shows how good things can be done when these agencies work together," he said.

To contact reporter Jim Tiffin, call (505) 287-2197 or e-mail: jtiffin.independent@yahoo.com.