okay so you want us to lock down the sheriff's office go ahead and call them back you're going to stay out there so stay out here roger under sheriff you can go through the courtship we are we're going to lock down this building you're not going to stop me from leaving if i want to leave am i under arrest if we have to am i under arrest not not now get away from that now go back [Music] this is espanola new mexico police department trying to serve warrants on the local sheriff after espanola police charged a city councilor with conspiracy they've now issued a search warrant for his phone and as news 13's jeannie nguyen found out he's not the only public official police are keeping a close eye on she's here to explain genie jackie last week espanola police also issued the rio arriba sheriff a search warrant for his cell phone police claim the sheriff continues to interfere with their investigation involving the city councilor police wanted his phones because they say they may have evidence of him interfering with cases involving espanola city councilor john ramon vigil who was just charged with conspiracy and career criminal philip chacon why a sheriff would come in and obstruct the scene for just a citizen we don't know why interim police chief roger jimenez says lujan interfered with their investigation when chicone barricaded himself in a house back in march and when officers went to serve city councilor vigil with a search warrant for his phone last week lujan again showed up to the scene this is the second time that the sheriff comes into one of our scenes that we're actively investigating that was enough evidence for police to ask a judge to issue the search warrants in my experience with police and government there is no good guys i don't know what the allegations specifically are on each side but what i'm seeing here is a gang turf war but even while the gangs battle it out they're still blue privilege first off they've arrived here at the sheriff's department a public building during business hours that should be unlocked but it's not the police failed to use a swat team and immediately breach the building throwing flash bangs and running in with rifles pointed at everybody's face like they would normally do [Applause] they instead go to knock on windows around the building giving the suspect plenty of time to destroy any evidence that they were seeking [Applause] hey under sheriff how are you good good is james here the sheriff [Music] [Applause] do you want [Applause] [Applause] call me is not is this for which case what case is this so that is in reference to stemming from the original charges which one the misdemeanor so that we got a search warrant on a misdemeanor so d.a approved it out of uh i think that is this somewhere yeah close this somewhere [Music] he has my personal phone and my work phone okay okay so it's gonna stay there until i get it clear to my attorney first so cops walk in with warrants for a suspect's phones and the suspect says no you're not gonna get them until i contact my attorney could you imagine if cops were serving a warrant on you and you told them hold up i'm not ready yet it doesn't have the case number on here for the original right there that's a pd case number it doesn't have a magistrate or district case this is in district court too and this is a magistrate warrant okay this case is already in district court this is a match you understand that this case this case is in district court right did you get a district court judge to prove it district court judges don't do search warrants anymore they just don't they put they put them all down the magistrate did you know that i didn't know that they just don't do them okay what is it exactly are you looking for so stipulates in there so now the suspect has walked away leaving two armed guards again imagine if you or i did this while being served a warrant so this next verbal exchange is gold these gang members are about to point out to each other something that folks like me point out to them all the time that their show of force is a little excessive it appears that when the police arrived and realized how many sheriff's deputies were present in the building they called for backup and now there's more units outside both gangs are trying to flex their muscles and they're about to call each other out on it hello wow you have three units out there [Applause] who do you see here the undersheriff myself a transport deputy beyond doing reports [Music] [Music] [Applause] so so the district attorney is calling the lawyer i'm assuming as you can see these guys are just order followers they are dimwits they will do what they are told all it would take is for one of these guys masters to give the order and you've got a bloodbath [Music] [Applause] now the undersheriff walks away with the cell phones rather than getting the phones by force himself he asks a deputy to get him [Applause] those okay [Applause] okay [Applause] now the phones are out of sight and anything and everything could be being cleaned off of them [Applause] [Music] [Applause] his [Applause] whatever evidence was in those phones is now disappearing as the sheriff and the undersheriff's [Applause] [Music] stall i'm not sure that's what i was advised okay i'm gonna wait for nate and see what he says yeah i'm gonna talk with nate yeah i am i understand okay i'll get a hold of it now thank you well there's one opinion said it's an unbuffered warrant all we know is that there's a glass the hypocrisy here is insane so now the sheriff is calling around getting people's opinions about whether this warrant is lawful or not could you imagine if this sheriff or his deputies came to serve a warrant on you or me and we told him hold up let me call some buddies and see if we think we like it or not do you think he'd stand around and wait till we're ready [Applause] cat and myself united 22 or on standby waiting for re1 to contact his lawyer he's trying to make contact with worrying undershirt [Applause] so he has the warrants they're signed they're legal it's a court order i know i know you guys are just doing your job but i don't want you guys in the middle of this why we needed the phones that's it well once it gets his advice from his attorney we'll do that i got him i don't know you have your phone his phone yes okay can i see him at least so i could give you that professional courtesy okay so i don't understand with the legal order why he's fighting if you have one that's all we want but yeah but he has the court orders so uh you know our attorney called his attorney so she told him exactly what maybe that's why he's not asking me because he's on the phone because i didn't try the problem okay you know i don't want to take it there i didn't want to go this far just want the phones that would be out of your hair i don't know [Music] i think you can have you guys leave i mean make it more of a show than anything nothing just happened well i'm not the one making the show i had only sent these guys in here you know i just again we want the phone that's fine you're right you're probably going to get the phone but as you know under sheriff it's not probably there's a court order you know i don't want to i really don't i don't want to have to put anybody in costs i don't but if if that's what i have to do then i will do it i don't want to do that and you're saying him oh because he's the one not complying with a court order you know if you have the phones and we don't need to be having this conversation you know and that's just me i i don't want to do anything else i just want the phones and we're out of here that's it you know i we're trying to do i try to call you this morning and meet up but because of time sensitivity you know i was trying to give you guys the professional courtesy you know what she's fighting i'm not surprised you guys are doing this all right all right you got to do what you got to do right and that's your that's on your shoulders mark to know that just keep one all right we don't work don't get involved right and that's what i'm saying i tried to be you know as low-key as possible you know patrol units that yeah here [Music] they're uh command one just keep one [Music] i have to copy the search somebody out here i gave him copies what's that you asked for him no he gave him i told you you have your search warrant says to search me for personal phones he has the phones he already told me he has a phone okay that's not what certain says does it okay so you want us to lock down the sheriff's office go ahead and call them back you're gonna stay out there so stay out here we are we're going to lock down this building until he gives me those spoons really yes that's what the va's office is that on paper you can call her andrea reed do you want her number i don't know he's going out you're not going to stop me from leaving if i want to leave am i under arrest if we have to am i under arrest not not now get away from that now go back inside we're going to lock down the office please go back in the office seriously back up you can go in the office don't reach that house go inside because you're not certified so back up so we have to have somebody here [Applause] so don't let anybody leave that back door he's got three maybe four deputies the undersheriff billy and the sheriff are all in there he's refusing to comply are we sending by one sacrifice so um he's not complying he doesn't want to give up the phones he gave the phones to the undersheriff and said search me knowing that he gave the phones to the undersheriff they're not voluntarily giving them up so we're going to lock down the [Applause] buildings i'm not stacking anything it's the da's office you have my phone yes [Applause] yeah i'm waiting for the supreme court to come back so are you refusing is that what you're saying refusing what you're refusing a lawful order from the judge on what case is that on my case you have the search warrant on your case yeah you have the search warrant the case is going to district court right you continue to continue to district court showing a pattern of behavior really yes it's a pattern twice twice that's okay you have your you have your opportunity in court i'm i'm here will you on a misdemeanor okay for now for now i told you i'm seeking legal counsel first i have that right do i not have a right to say you have an accountable order you have a legal order and it doesn't say how long i have to give it to you does it it says now yes yes support order you have the copies it says now yeah when do you okay so you get a search one you just do it whenever you want that's today's date so i'm serving it [Applause] [Music] [Applause] it's making this way more difficult than it needs to be [Applause] and tell you what obviously i can't trust you you're holding on to evidence what do you want me to say [Applause] what do you want me to say are you sure okay okay okay exactly okay [Applause] they got the news here too so that's a news she's not new she's a vlogger [Applause] sheriff this would just be so much easier if you just give us these phones do it well no but you we i saw you give them to your undershirt who has them in his pocket so just the knowledge of that this is all harassment and retaliation because i told the city council that you shouldn't be the chief that's what it is think whatever you want i don't think i know okay that's exactly what it is go ahead and give it to us these phones are not to be gone through until you have a warrant for the content you only have a warrant for the phones you're absolutely right you're absolutely right good luck you better not come through a magistrate you better go through a district court judge thank you thank you have a good day [Music] [Music] you