Good behavior for cop killer?
Hearing request early release for Robert Kiro

Robert Kiro is photographed while being escorted from court after a hearing to reduce his sentence Thursday. — © 2009 Gallup Independent / Adron Gardner

Copyright © 2009
Gallup Independent
By Phil Stake
Staff writer

GALLUP — A man who pleaded guilty in 2004 to fatally shooting a police officer during a violent standoff may be out of prison sooner than expected.

Robert Kiro, 41, appeared before 11th Judicial District Judge Grant Foutz Thursday, claiming he has been illegally sentenced. His attorney, Brian Pori of Inocente Law Firm in Albuquerque, argues that Kiro ought to be eligible for daily sentence reduction based on good behavior. New Mexico inmates typically earn 50 percent time, meaning a day is discounted from their sentences each day they are well behaved in prison.

Kiro agreed in 2004 to a plea bargain that left him in prison for between 26 and 34 years. For his part, Kiro pleaded guilty to one count of second-degree murder — a violent felony for which 85 percent of the sentence is mandatory.

That crime alone got him 15 years, of which he’ll have to serve 85 percent, or about 12 years and eight months, before he is eligible for parole.

He has now served almost exactly eight years, including his incarceration before sentencing. Kiro’s hearing Thursday came just two days prior to the eight-year anniversary of the death of Gallup Police Cpl. Larry Brian Mitchell, whom Kiro shot during a gunfight against police, which took place inside Kiro’s Red Hills mobile home May 30, 2001. Kiro agreed also to plead guilty to two counts of attempted first-degree murder, for shooting at Gallup Police Officers Mike Mitchell and Matt Wright. These are the charges in dispute.

Pori filed a petition on Kiro’s behalf to invoke the writ of habeus corpus, which functions to release someone who has been unlawfully imprisoned, according to Black’s Law Dictionary. Pori claims that the attempted murder charges do not fall under the mandatory 85 percent statute, and that Kiro is legally due good-time earnings while serving his current sentence. Pori laid many other legal claims in an attempt to have Kiro’s sentence reduced. Foutz denied the petition, except Pori’s argument that Kiro is eligible to earn time for good behavior.

On that item, Foutz remanded back to both attorneys. Both sides will have to draft a briefing within 30 days, arguing their respective sides of the law, after which Foutz will determine how much longer Kiro will remain in prison.

Reporter Phil Stake can be reached by calling (505) 863-6811 x223, or by e-mail at Philip.Stake@gmail.com.