Father's Day on June 16th 2024 officers
from the Bernal Lilo County Sheriff's
Department in New Mexico were called to
an alleged road rage incident where a
gun was potentially involved the callers
apparently followed the alleged
aggressors to their residents where a
handful of officers were now heading I'm
get byed you guys don't know him do you
no we we door dashing we're dasing right
now after speaking briefly with the
callers this officer drives just a
couple yard down the same road to the
residence in question another officer
stays behind with the potential victims
to gather more information off camera
come
here right now come here right
now who drives that blue
truck where is he started us okay where
is
he
[Music]
started and I had a wit
do you want to put are ins my kids are
ins I have a female detained the male
offenders inside there inside as well
come here keep your hands so I can see
them keep your hands so I can see them
come here walk to me walk to me walk to
me stop turn around face away from me
what the hell's going on face away from
me I'm not going to tell you again go to
your knees what did I
do what did I do
resp explain you a second is this husb
you're not doing a good job dire what
did I do okay hold on man I don't
understand
what just have kids in the house now I
didn't do I don't have nothing on
cigarettes my wallet
no what did
I is there any other
AD what the hell is going on S go and
stand up ready 1 2 3 all right back up
where's my wife she's in a car right now
what we no weapons no nothing man that's
all right so you're being chill with me
right now bro so we're going to be chill
with you all right yeah I don't
understand is it because the people
threw bottles at us they threw Bott
we'll talk they threw it at two of our
another lady too we'll talk about in a
sec right brother yeah but we didn't do
anything to them we came straight home
that's your husband right yes we're
engaged okay well same thing right I've
been out of prison for 2 years I've been
working my ass off man I didn't do
anything wrong man it's hot can you at
least leave this cracked please for
right now I'm going to close the door
but the AC's on how many kids are inside
I have my nephew there and I have my
daughter my son and my other son okay
we're going to go inside and just check
on them real quick I'm going to turn the
air on for you I'll come talk to you in
a second okay do you want me to
interview or you guys want to just do a
sleep at the house make sure no other
adults are inside or anything 3 1030s
are still in there let clear the truck
then we'll have the 10:30 stay in the
house they say how old the kids were 10
to 15 all right so they're older I'm
just going to let them know TR on so
they're not just sitting
here both of them said that the other
people started it and that there's
somebody was throwing B bottle caps but
I'm going to Miranda is my guy it sounds
like this isn't going to be that I agree
with you sounds like they were throwing
crap at each other how's it going man it
sounds like an incident occurred down
the street I'm just going to talk to
them for a second okay as long as you
guys are good in here all right we're
good all right the offending vehicle's
clear there's 4 1030s in the house
they're going to remain in there for now
I'm just going to get my car out of the
road man then I'm going to ask you what
happened
okay well for right now I'm going to
keep you in the car so give me one sec
okay officers separated the suspect pair
and questioned them individually I'm
going to jail no it's just cuz you're
sitting in the back of a cop so yeah I'm
nervous I've never been to jail you're
scared me so I'm in I'm trying to figure
out what happened earlier right I want
to ask you questions about it but I'm
going to read you this first this is
just your rights I read this every one I
interview I'm sure you've been read y
yeah Malachi you have the right to
remain silent you also have the right to
stop answering anytime to talk to an
attorney do you understand that yeah
okay you understand under arrest right
now you are detained you are not under
arrest as of right now now can I tell
you what happened yes feel free you
already know you ran my name I did 14
years in prison I've been out over 2
years finish my parole never know
incident I avoid that so for one I'm not
allowed to have any weapons or anything
now we went shopping for Father's Day
cuz we're going to barbecue and we have
our pool set up right we're coming back
and we're on bridge so we were driving
on bridge and you guys know how much
traffic there is and we're going up and
this car the red one comes up and we're
kind of like like in the middle so
nobody's like goes in front of us and he
literally like honks at us like crazy
and barely tries to push through and
Mel's like no stop like stop almost over
the bridge where the cones come so the
line ends there was no room I swear he
was like this far away from our truck
yeah and he starts yelling she's like
cussing at us I'm recording you and was
like what the are you guys doing like
you guys shouldn't even be getting crazy
like this and then he wants to get out
with the who who was in the car with you
just just me and my husband we just came
back from Costco for our barbecue the
guy pulls up gets out of his car with a
pepper spray and I walk up to the girl
and I'm like why are you even recording
us and I turn around to come back and I
go to grab the door handle on our door
and my nail breaks yeah cuz it's she
gets out and she starts running her
mouth I don't like confrontation that's
not who I am so I just leave it alone he
came up and socked my hood of my truck
that's when I finally got out cuz up to
that point like I said I'm on parle but
at at some point when someone's punching
my truck and throwing stuff in I have to
get out no I hear you they didn't hit my
truck but they bumped it right at the
front so I got out and I was like what
the you know what I mean right they got
crazy and we all exchanged words and
yelled and screamed and I pushed her
face or something I don't know I was
just like you know upset mhm any weapons
involved who any weapons involved no no
gun knives anything can't have guns he's
on Pearl he's on Pearl yeah okay can't
have done it's illegal he'll go back to
jail he's done really good you know and
then I got back in the truck we both got
out because they hit our truck sure they
didn't hit it but like right on it
bumped it we got back in the guy started
throwing cans at my truck the whole back
of my truck the side is full of whatever
he hit it with he threw like three cans
at it I didn't throw anything at him I
didn't hit him but you don't know what
he initially threw at your car no it's
it was a can in a bottle of something
that had uh Coke or some kind of drink a
drink this other lady she just stopped
when we came home okay pulled up next to
us right here when we were pulling in
and said hey did those people do you
guys know them she said I'm trying to
get their license plate because they hit
my car with some uh can of something she
said they threw at my car I don't know
what they threw at her car
too that guy came up and started
punching our car with his drinks yeah so
and
I wish that lady was still here she
wanted she wanted to get their license
PLT and everything cuz they hit her car
too oh really yeah and I said no we
don't know them we got into it with them
right there they tried I don't know what
they were there was no room for them to
fit we had a truck full of groceries man
and we just came home they followed us
this is our house and this is the red
car with the male and female yes and we
drove straight home and they followed us
all the way here I could actually pull
it up on my doorbell camera it'll show
right here okay um or maybe not because
of the heat try to get a hold of the
Xfinity people and see if they could
pull footage from lunch on it it from it
just don't work man I pulled right here
in my driveway right I didn't pull in I
pulled in front because we have four
kids inside and I don't know what
they're planning I jumped out and thre
my hands like what are you what and
that's when they kept driving they drove
off they stopped they slowed down like
where that cop car is right there in the
street my truck was right in front of
our driveway kind of block yeah and they
flew off cuz our youngest
came out and then started coming out and
that's when I was like well we have kids
and I don't know what they already threw
all kinds of at us I don't know what I
don't know I don't know who they are
I've never seen them I'll just leave it
at that and we're going to go about our
day because I don't know who they are
and I don't know do you know why they
would mention that there was a gun
involved I have no idea okay I have no
clue okay you want me to roll your
window down a little bit I'm going to go
talk to him yes please okay dying yeah
I'm sorry yep i't got skin here since
the last time I saw you dude stop stop
mention of firearms or anything like
that said that that kid had a p a can of
pepper spray I don't know anything about
boil side of what they said I don't know
they said because they said that there
was no gun right these guys but I we
haven't even talked to victim yet
talking she said that there was a gun
there wasn't she said there wasn't let
us look through the truck give us
consent and if we don't find a gun then
we can write this up and we can get out
of here and you can tojoy your father's
and then if they're like no you're not
going to throw a truck like all right
well we're going to sell and throw your
truck take then we're going to take it
just the easy questions for me to ask
like I totally heard everything you just
said um do you own a fire I don't you're
more than welcome to look in my house
you're more than welcome I give you
permission like I said I'm on probation
I can't it may not escalate to that
point um the reason I'm asking is if
they do decide that they do want to
obtain a warrant or something even on
the truck is are we going to find a
firearm in the truck no you're more than
welcome to sear you don't even need a
warrant okay you can search right now
you have my permission this is what I
want to do but it's up to you guys there
a mention of a firearm you can my house
and the it' be the house and the blue
truck yeah you guys you're more than
welcome to look uh anywhere like I said
I own nothing like that let me talk to
these guys real quick and I'll be right
back okay okay like you know what the
hell do you want and then they drive off
then there's a lady in a Grade car is
what he said stopped right after and
said I'm trying to get their license
played are you guys okay that's what he
told that sounds like a pretty detailed
yeah that's actually a really good story
and he basically told me that he does
not own a firearm he's willing to give
us all the consent for any of the
vehicle to us and the residents perfect
easy peasy then after pulling up to
their house the 911 callers parked just
a couple hundred yards down the same
street they met with another officer who
gathers their side of the story off
camera I haven't really got to speak
with this Deputy the one that's with the
other people so let me talk to him right
now so we don't know who the male is
with the 1080 though well you're saying
it wasn't one of the guys you saying it
wasn't the dude that was in the truck
initially it could be one of the 1030s
they're saying that road rage incident
happens on bridge very consistent this
dude gets out I think they were side by
side he hits their car with his door
this chick hops out little girl over
there is recording she slaps the phone
out of her hand and then starts punching
her in the face they follow them to this
residence the dude comes out of the
house like an older SMA with a beard
stands in front of their car like this
with a gun but we don't know where that
guy's at and all of them are like we can
kill you blah blah blah so they start
taking off and they start like hitting
their car as they drive down the say
that they ever shot them no no no shot
you follow somebody to your house like
yeah
maybe just like battery for
her see if there's that video though
like did he see it say that there is a
video of it yeah he's saying that he
like he saw the video this officer will
review the video in question with the
officer down the street later on he said
he'd give us consent to search anything
same same with her he seems like a
canary he was in prison for a while he
hasn't been back in 2 years he's on
parole is there a guy in a red t-shirt
that was here when they pulled up to you
guys' house a guy in a red t-shirt old
Hispanic dude with like a beard no what
about the fight that happened between
you and her it wasn't a fight I went to
grab her phone because I'm not trying to
be recorded and blasted all over the
Internet because I want to interrupt the
driveing there's a little bit of damage
here but yeah he said they threw it it
was
Liquid that's probably it though and I
broke my nail on my door I throw that on
the ground with I I don't care um did
you ever punch her or anything like that
no I didn't punch her I pushed her phone
I didn't punch her okay I have a
big um You probably just get charge a
battery he probably won't go to jail
today or anything like that it'll just
be a summons and then you guys will have
to go to court um I don't want to leave
my kids I'm not sure about him from I've
heard is like he hit their car with your
like door or something like that yeah we
were trying to tell them to move out of
the way I don't think he hit his car
I'll try to talk more about the only
thing is is like obviously you like
started like physically I'm sorry no his
is shaping up to be a little more
truthful in my opinion and then you're
going to follow somebody to their
house yeah absolutely dude if I my kids
in the car I just have a couple
questions for you just cuz of what they
said was there ever like an older
Hispanic Mill here with a beard red
shirt when you guys pulled up no okay
there was a mention of a gun they
basically said that when they pulled up
cuz they were chasing you guys or
following you guys whatever home
whatever the case is they said that
somebody else besides you two came out
and pointed a gun at them so I was
trying to figure out if if you know any
okay absolutely not I'm on like I told
the other offic you're or whatever I
can't have no weapons here did you ever
open your door and hit their car with
your door or anything no I did not they
hit my truck you go look at my truck
it's it's sprayed on the side he punched
my hood over and over that's when I got
out of my truck after he started
punching my hood and when I got out he
ran back to his car and at some point
it's like what are you doing dude that's
my truck I don't even know who they are
but they didn't have to follow us home
wife already admitted to me too she's
like yeah I did slap like the phone out
of that girl's hand stuff like that and
then they kind of like fought or
whatever I don't think they fought I
don't know I was just keeping an eye on
the dude cuz he kept punching my truck
all right I'm going to try to get this
sorted out and get you guys out of the
the handcuffs and back inside here in a
few minutes right thank you I think it's
just literally the only charger we have
here is going to be the misdemeanor
battery for her I don't think there's a
guy we're so close that if there was a
third mail he would have had to we
weren't that far that's what I'm saying
I mean it could be included in the
report hey man like I don't know who
this third mail is or anything like that
we've talked to the neighbors I don't
know we're not going to be able to
identify them only charge I think we
have is the battery from that girl yeah
I mean it sounds like there's and there
there's all over well I don't know dude
cuz he threw a bunch this dude's truck
too like even looking at the side of it
right now there's like threw a coke at
it like I mean no the dude what I have
on video here is that the dude open the
door and like hit this other guy's
vehicle you can see that on video yeah
we can see it on video yeah so criminal
Dam he's on probation how much damage
are you thinking here let me see I'm
going to look at the actual Mark right
now what a donkey show I know dude I
just wanted to go home what time is it
1:40 well the county just got charged an
hour so on video this dude likeing opens
the door intentionally and hits their
car actually two marks I think he did it
twice how much damage are we thinking I
don't know more or less than
$500,000 a th is the
difference I'm just saying
for matters at this point whether it's
misdemeanor or Belling he definitely
committed a crime and I think it's worth
a call to his PO based on the totality
of this thing you should probably get
violated they're truly like shooking up
over here and she got pretty bad in the
face um and so I think there was an
element of like conspiracy there for
that charge and then also um he charge
there was
element heude on the way the guy was
outside in the roadway when they got
there stood is there a video of this
dude standing in front of him with a gun
and stuff there's no video of that no
they they had stopped videoing at that
point all these charges that you coming
up with are you taking initial then or
you wanted me to take initial I don't
mind taking it dude I'm fine with it I
think though unless you want to I say we
release check summons her because
there's four kids in here dude and we're
not we there's no way we're going to be
able to figure so that's totally fine
now get her identified it'll just be
like a misdemeanor battery she can take
care of the kids I'll get malachai's
info and calls P I think you guys are
all right too about the AG assault like
we don't have any evidence no I think it
could just be included in the report all
right well I don't have anybody in my
car the last time I dealt with this
someone put a gun on theil box no way
because they said I figured you wouldn't
check that when do one
so I just record every time now they
recorded him on camera like opening the
door and hitting their car twice because
he almost hit our car I know but I at
the end of the day like I know there's
that's the evidence get that it's still
not right for them to do what they did
to our I agree you can go back inside go
with your kids say he is going to get
arrested or anything I'll come let you
know okay so you're not just can I smoke
a cigarette outside no you're good to go
go just go back inside sorry whatever
you want to do I want sorry my seat you
see this swe oh my but CS that's all
right it's summer time I'm going drive
you a little bit down the road and then
we're going to figure out where we're
going to go from there all right we got
him
down am I being arrested stop in yeah am
I don't know yet there's video footage
of you like hitting their car with your
car door so but I didn't when they were
right next to me I opened my truck door
to get out but I didn't hit their car
door with it you can look at the video
closely I know for a fact I did not but
what happens about them hitting my truck
again that's why I need to go down there
so I'm going to put you in the car we're
going to go down there I'm going to
watch the video over see on the video I
opened it and when I stood on my running
boards you could see I couldn't get out
yeah it they were too they were right on
me let me go let's drive down there I
need to figure out what's going on I
don't even understand how they can call
and say there's a weapon and then we
well see so as far as the weapon goes
we're not doing anything about that
because they're not saying it was either
one of you two but initially when we got
called we were told there was a weapon
involved it's a blue Chevy Silverado and
it's parked right there so that's why we
called you out like we did because we
didn't know if it was you I understand
but this is crazy because they're the
ones that started hitting our vehicle I
don't understand let me go check out
their car I'm going to watch that video
this is going to be the initial Deputy
right here that's going to write the
report so I'm going to talk to him as
well I have I'm not here recording them
because we were're stuck we can't get
out anywhere because they have us
blocked in so I'm recording them because
they already hit the door two times
where do they hit the door you see the
two little dos over there not anything
crazy but that's what he like slammed
his door open and twice I just want to
see the one where she hits you
hold on I'm sorry I taking videos of the
car so I started recording right after
that because I didn't know they were
going to hit the car like that look at
you back oh it's a racist yeah it
is you got the wrong one don't worry you
you got the wrong
get back in your car get back in your
car
you do you
not let's go babe let's go and then
that's after that my phone's on the
floor so you can't see anything from
there okay thank you sir thank you I
don't know about hitting the CL door
dude did you see the marks the two
little tiny bents yeah it's up to you
man do you think the intent there that
he's trying to hit cuz in that video it
doesn't look like he's throwing the door
open trying to hit their car with his
door he's like how you are right now
leaning out of
it okay it's up to you I don't I don't
you call us po I haven't yet will you
are you going to charge him with the
criminal damage then we're going to see
if he's going to get violated but yeah
I'm charging him with criminal damage
for sure okay because there's no reason
for him to open his car door in the road
okay and then his wife gets out and
beats her in the face I like I'm all for
the wife's charge I just want to make
sure you still going to do criminal
damage okay I didn't even see them at
first pull up on the left side of us I
even moved to the right and and it just
I don't know man I don't know I see
people get pissed off on that little
area all the time but I know I didn't
hit their car I was trying to when I
went to open my door to get
out my door open no way I didn't open my
door like that there's that's impossible
cuz in the video I'm standing up on my
running boards holding my door still my
attention is looking at their cars in my
truck to see how close they are like
what are you guys doing
but when they're inching and inching and
I can no longer see from where I'm
sitting if they're touching my truck or
not then I'm going to open the door to
see they did get in front of me and then
the guy stops and gets out of his car
and starts throwing at us and punching
my truck my wife flew out and then I got
out he's punching the hood of my truck
and throwing stuff what's the word on
the PO they already they did okay so
they're sending they going to send it to
your now okay dude I mean under the
circumstances like these are they're
practically kids dude him and his wife
like he made the decision first to stop
open the door get out he made the
decision to thank you thank you you guys
are all set to go what's your name
Deputy Houston Deputy Houston my guys
number is 116 116
okay this guy's requesting that he go
shows you the damage that on his truck
that's fine pouring sweat too man yeah
my my unit's probably the worst we're
going to look the truck then I'm going
to let you know how long were you in
prison for here the suspect shares with
the officer some details about his
previous time served notably he mentions
that he got out 9 months early due to
good time and was on track to finishing
his probation in just another 2 years
being arrested for his crimes at 17
years old the vast majority of his adult
life was behind bars while they did not
specifically go over his charges on
camera we were able to obtain his
criminal case File his previous arrest
included charges for one count of
aggravated burglary one count of
aggravated burglary with a deadly weapon
one count of conspiracy kidnapp one
count of kidnapping with intent to cause
great bodily harm death or sexual
offense and most notably one count of
second deegree murder he was found
guilty of one count of aggravated
burglary and one count of second deegree
murder all other charges were dismissed
he was sentenced to 24 years in prison
however 9 years of that sentence was
suspended for parole and probation as
long as he followed guidelines and
abides by the law should he break any
laws even after being out for almost 3
years his stayed 9-year prison could be
reimplemented by a
judge yeah he was he was than anything
looks like right here is where he
punched it one time and then he punched
it up here so I am going to ja you're
going to be out arrest right now you've
been
violated I'll bring you over to the car
a second okay I'll bring you we'll bring
you over what's your PO number he we're
going to we're going to talk
minut it sounds like they got into a
road rage on bridge um with something
like young kids 17-year-olds it's just
criminal damage to property they were
both participating but they threw a coke
at this car there's no like long lasting
damage but there is dents to the other
car you just D weren prior to no no and
you can see in the pain no and you can
see they have like a video of them doing
it so for you you're going just going to
get a summons in a court okay so in the
mail it'll just be paperwork to go to a
court date okay for the little girl
violated his probation so we'll see
where it goes from there it's a
misdemeanor charge so he'll be out he'll
out tomorrow he's been working at for
three years he's let me tell you he's
the only one in the state of New Mexico
the only paroi that has successfully
completed everything without any
problems dirty WS nothing the only one
that has kept the job got that truck got
a house he did 15 years and he's been
doing so good so this is just a little
bump have to arrest him I mean know you
can just like keep there's no there's
there's no there's there's so what if
they instigated it like come on so
they're both what I think is that both
people are in the wrong here they're
both arguing the only thing is no it
doesn't matter there's imp probis or not
the only thing is he there is damage to
their vehicle that is clear and it
there's actual damage that's why if it
was just both of them arguing with each
other whatever I would have just told
them the only person that would have got
charged was her because SL her phone out
of and punched her in the face a few
times antagonizing them we're not trying
to justify
nothing frustrated with these people
that are not going by the rules of the
law they just want
me it's Lawless with these people you
know what I mean it's Lawless can we
talk to him can we talk to him uh yeah
it's okay no it's not they're never
going to let me
go no You' been doing too
good they're not so I'm going to call
your PO in the morning he's going to go
over there he's going to release you
don't worry you're going to be out
tomorrow don't don't you give
up malach you're going to get out
tomorrow you didn't do nothing you
didn't okay
so they don't care no they do care
that's why they the out of my car
where did they go they drove off they
went home right when they started
it you're not listen Mandy is not going
to be able to keep up with you're going
to be home tomorrow you'll be home don't
worry tomorrow you'll be home up yeah
you're going too far truly don't think
that they would ever make him complete
time serve he's going to go you out I
know you're frustrated upit right now
and you're thinking the worst but don't
after his arrest he was charged with one
count of criminal damage to property
valued less than $1,000 and two counts
of battery he entered a not-guilty plea
the same day New Mexico Court websites
indicate he was released the next day
looking at the case File that handles
his probation and prior murder charge a
bench warrant was issued after another 2
days where he was then likely released
again the following day roughly 2 weeks
later a motion to revoke his probation
was made the following week the order to
revoke his probation was denied and his
probation was reinstated his first
probation violation remains on his
record and lists that he admitted to the
ACT and was given a lesser sentence the
details of which are not publicly
available for the case File handling his
newly acquired charges the prosecutor
failed to show up to court causing the
case to be dropped and deeming him not
guilty to all charges as as for his wife
there are currently no records of her
battery charge listed on court websites
meaning the court either decided to drop
the case she made a plea agreement to
take the charge off her record or the
documentation has not been filed yet