Man passes out in Allsup's bathroom

By Jim Tiffin
Cibola County Bureau

GRANTS — A 25-year-old Albuquerque man faces a pre-trial hearing on July 21 in Cibola County Magistrate Court following an arrest after passing out in a bathroom at an Allsup's convenience store.

Sgt. Gilbert Gonzales entered the store at 5 a.m., May 12 and noticed a clerk trying to get the bathroom door open. She told him a male had entered the room "a long time ago," according to Magistrate Court records.

Gonzales found Mikael Peina, of 308 Dunes, No. B, passed out in the men's bathroom at the Allsup's at 616 N. First St., after Grants Fire and Rescue was called and opened the door, court records state.

Peina was highly intoxicated. He was searched by police for weapons and a plastic sandwich bag containing two marijuana cigarettes was found, according to court records.

He was arrested and placed in the back seat of Gonzales' police car, but while there he was able to move his handcuffed hands from behind his back to the front of his body, court records state.

When placing Peina in the car, Gonzales placed the bag with the marijuana on the truck. When Gonzales took Peina out of the vehicle to put his hands behind his back in handcuffs again, Peina resisted and pulled away while trying to eat the marijuana, bag and all, court records state.

Gonzales pulled him away from the car and took him to the ground but he continued to fight. Gonzales then used a tazer to subdue Peina, who stopped resisting and spit out the marijuana and the bag, according to court records.

He is charged in connection with possession of marijuana, under 1 ounce; resisting arrest; and tampering with evidence. If he is prosecuted and convicted of all three misdemeanors, he could face up to nearly three years in state prison, a fine of $3,000, or both.

In his order setting conditions of release, in the event Peina made the $3,000 bond that was set, Judge Manual Lujan ordered Peina to report to the Cibola County Community Compliance Program for random urinalysis and drug screenings.

Grants Police Lt. Corey Allen said the tampering with evidence charge was from Peina's attempt to destroy the marijuana and plastic bag by eating them.

To contact reporter Jim Tiffin, call (505) 287-2197, or fax: (505) 287-2581.