According to Hayes, prosecutors believed the facts of the case
The district attorney’s spokesman said Thursday that the Las Cruces Police Department had effectively overcharged Sanchez and Kowaoke.”The DA’s office declined to prosecute because it was overcharged by the case agent. It’s actually a misdemeanor offense which should be handled by LCPD,” spokesman Patrick Hayes said in a statement.According to Hayes, prosecutors believed the facts of the case supported larceny Cheap Celine Bags, a petty misdemeanor, not robbery, a third degree felony He also said the case agent the detective overseeing the case agreed with the prosecutors’ decision.Hayes referred to a 1967 ruling from the New Mexico Court of Appeals that says that force or violence, or threatened force or violence, are essential elements of robbery.”It is essential that the defendant accomplish the taking of the property by means of force or violence or by intimidating or putting the victim in fear,” the ruling says. Thursday, jail records show.It was unclear Thursday evening whether detectives planned to file larceny charges against Sanchez or Kowaoke.
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