Sais found guilty
Judge Depauli finds he violated rules of his probation

Copyright © 2008
Gallup Independent
By Phil Stake
Staff writer

GALLUP — Jason Sais was found guilty Thursday of violating his probation, but he will not be going to prison.
Sais, 42, who now resides in Magdalena in Socorro County, served 60 days in jail after his probation officer found paraphernalia and trace amounts of narcotics in his home July 25. A probation violation hearing started Sept. 26, but was postponed until Thursday because of scheduling conflicts.

It was during Sais’ stay at Gallup McKinley Adult Detention center during the first half of the hearing that two jail guards used excessive force on Sais by firing nine PepperBall rounds at his back and were subsequently fired.

During the hearing, District Attorney Karl Gillson attempted to provide sufficient cause for Judge Louis Depauli Jr. to revoke Sais’ parole, and force him back to prison for the two years remaining on a 2002 drug-trafficking sentence.

Gillson called to the stand Sais’ probation officer, Charles Rutta, who testified about the items he found in Sais’ home. Rutta said he thinks Sais may have “been doing this all along, and now is just the first time he’s been caught.”

Gillson then called Magdalena Chief Marshal Larry Cearly to the stand. Cearly testified Sais is currently under investigation in Socorro County for drug-related charges, and, following Gillson’s line of questioning, that burglary, domestic violence and drunk driving offenses have increased since Sais moved to town.

“I have to make my decisions based on a little more concrete things,” Depauli said.

“The state asks you to impose the balance of the sentence,” Assistant District Attorney John Bernitz told the judge during closing arguments.

Sais’ attorney, Richard Wade, argued that for two years prior to Sais’ July violation, he complied with the terms of his release. He said Sais has a long-term drug problem and must have relapsed, which is why the paraphernalia and drugs were found at his home.

Depauli allowed Sais to stay out of prison, but constricted his freedom by mandating twice-a-week check-ins with his probation officer, and by removing the need for reasonable grounds to enter Sais’ home.

Depauli warned Sais to be careful in the future.
“You’re really not someone law enforcement want in their community, and I’ll accommodate them next time,” Depauli said. “Be assured of that.”