Hunter’s trial ends before it begins

By Jim Tiffin
Cibola County Bureau

GRANTS — The trial of Kirt Darner, a former game park owner-operator in Grants, ended before it began Monday with Darner being ruled temporarily mentally incompetent to stand trial.

Darner is on medication for a medical condition which makes him unable to assist with his defense or understand the charges against him, 13th Judicial District Attorney Lemuel Martinez said.

District Court Judge Camille Martinez-Olguin called the juror pool, some 50 or so people who were called for jury duty, into the courtroom, thanked them and dismissed them before a jury could be picked.

Darner’s attorney, Billy Ray Blackburn of Albuquerque, told the judge about Darner’s medical condition prior to jury selection and had medical records to prove his statements.

Charges
Darner is accused of illegally transporting elk to his game park on Mount Taylor, and possession of two rare sheep skulls, one a Desert Bighorn sheep skull, the other a Rocky Mountain sheep skull.

Desert Bighorns are on the Endangered Species List.
The list of 20 indictments from a 13th Judicial District grand jury which met in February 2005, include: Receiving stolen property, one each Desert Bighorn sheep and Rocky Mountain sheep skulls; conspiracy to transport livestock; tampering with evidence; transportation of stolen livestock, live bull elks; unlawful possession of big game, live bull elks; failure to submit an invoice for sale of game, live bull elks; and failure to have two forms of identification and health certificate.

Postponed, not canceled
Although the trial never got started Monday, it has not been canceled, merely postponed.

“In two to four weeks we will have a hearing or a series of hearings, to determine whether Mr. Darner is competent at that time to stand trial,” Martinez said. “If he is, a new trial date, sometime in the next six months, will be set.”

Martinez said the judge was informed by the prosecution team that the district attorney’s office was ready to proceed at Monday’s trial.

“And when we have a new trial date, we will be ready to go then as well,” Martinez said.

If prosecuted on all counts and convicted, Darner faces up to 43 years and 354 days in state prison, up to a fine of $58,000 or both.

As a result of the trial being postponed because of Darner’s medical conditions, the judge changed some of the conditions of Darner’s release.

Darner is ordered to pay the expenses of several out-of-state witnesses that were subpoenaed for this trial.

She also ordered him not to hunt in either Colorado, where he lives now, or in New Mexico.

He is ordered not to leave Montrose, Colo., where he lives, except to visit his attorney in Albuquerque, or to attend hearings or a trial in Grants.

Darner is also ordered to give up possession of all of his guns and weapons to a third party, and prove that to the court and not be in possession of any guns or weapons.

A list that Darner gave the district attorney’s office did not match the list that the DA had, prompting the court order on the weapons.

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