Elkins plea put on hold
Judge rules defendant should undergo more evaluations

By Jim Tiffin
Cibola County Bureau

GRANTS — Kolby Elkins' plea agreement was put on hold Friday by 13th Judicial District Judge Camille Martinez-Olguin as she approved a motion by Elkins' defense attorney John Bezzeg to allow more time for a new diagnostic evaluation.

Deputy District Attorney Randolph M. Collins did not oppose the motion but told the Independent his recommendation for Elkins, 30, of Casa Blanca, to spend five years in state prison and five years on supervised probation will not change.

Elkins' original evaluation was a rush job and the evaluator did not spend adequate time interviewing Elkins, Bezzeg told the court.

Bezzeg said because the evaluation was not properly done, he wanted a new evaluation by someone else to be able to present a more accurate picture of Elkins to the court for the plea agreement and sentencing.

Elkins pleaded guilty to aggravated fleeing from a law enforcement officer, aggravated assault of a police officer, aggravated battery of a police officer and two counts of unlawful taking of a motor vehicle stemming from an incident in March 2006 where he stole a pickup truck and led police on a high speed chase on Interstate 40 and State Route 117.

A second case was combined with this one. The second case resulted in Elkins pleading guilty to possession of methamphetamine. Several other charges in both cases were dropped as a result of the plea agreement.

In court, Collins said Elkins had previous opportunities to get out of going to prison, one by joining the military in 2004 after he was charged with property crimes. He asked to go into the military and have the charges removed so he would be eligible to join the military. He did not fulfill that commitment.

Collins said Elkins' crime career has been one of escalation with crimes becoming more serious each time because of his addiction to methamphetamine.

Collins said the original diagnostic evaluation stated Elkins showed no remorse, and has anti-social tendencies and continues to commit crimes regardless of how many chances he has been given to avoid prison.

Collins also said the evaluation stated Elkins has contacted rehabilitation programs and wants to enter them in an effort to keep from going to prison, but he has no real motivation to correct his addiction or change his ways.

Elkins motivated
Bezzeg said Elkins is motivated, as shown by his contact of two separate programs, and has been accepted in both Delancey Street, with several locations statewide, and Second Chance in Albuquerque.

The maximum amount of time Elkins faces as a result of pleading guilty to the six charges in the two cases is 10.5 years in state prison.

No date was set for a new hearing and sentencing as the new evaluation has to be scheduled and completed. Bezzeg told the Independent following the hearing that he knew of more than one company to do an evaluation but would not reveal who those companies are.

The chase incident
In March 2006, a call was made to Grants police about a stolen city of Grants white pickup truck being at the Super 8 Motel. It was a stolen vehicle from the Coyote del Malpais Golf Course, from the night before.

In the back of the truck was a four-wheel off road vehicle that was stolen from the U.S. National Park Service.

As police responded, Elkins drove the pickup truck past officers at a high rate of speed entering East Santa Fe Avenue.

Elkins then reached Interstate 40 where he drove eastbound.

In court, Collins said speeds were in excess of 100 mph.

When Elkins reached State Route 117, he turned south and continued to lead police on the chase until he reached milemarker 56, where he abandoned the truck and fled on foot.

While being chased on foot, a Grants Police officer was assaulted and battered, resulting in having to be off duty for several weeks while he rehabilitated from his injuries, Collins said in court.

The state cannot allow individuals to flee from police and assault and batter police officers, Collins said.

"It endangers law enforcement and the public."

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