on Monday November 6 2023 at approximately 3:30 a.m. New Mexico State Police Sergeant Toby lefave was out on I25 near mile marker 206 monitoring traffic when he noticed a vehicle approaching at a high rate of speed Sergeant lefave turned on his radar which indicated the approaching vehicle was going 96 in a posted 75 m our Zone I can I everything how about okay so back over there we saw my lights you were trying to catch up to me yes sir but I was stopped no you're going no I was I was stopped I promised you you're going okay that's right how about your insurance registration I lights there's a registration right there yeah perfect is Mr going right yes sir D come here and talk to me real quick yes sir I just saw you you're just going really fast so that that's intrigued me oh okay I tricked you I didn't mean to trick you sorry no you intrigued me trick me no intrigued oh intrigued sorry sorry come with me yes sir just stand right there in front of my police car yes sir all the way in the front yes all the way in front of it yes sir no no stand in the front of it not behind yours stand in front of mine all the way in the front all the way in the front keep on going just stand right here stand right there right there by that flashing light yes sir okay put that in your pocket that's just the E egg yes sir okay put that in your pocket it's a disposable okay that's fine the driver was identified as 35-year-old Anthony argon where you going to I'm just going home from where uh I was at my friend's house okay up in Albuquerque or what no in losas you were in lasas just now yeah and then you were going home yes to bin yes sir you weren't you weren't north of you weren't north of lasus no are you sure yes okay why saw you speeding north of Las Lunas know I just I was going home okay sir okay so how much you have to drink today oh sir I uh I'm just trying to go home gotch you everybody is right yeah I mean I'm trying to go home you're trying to go home so how much how much you have to drink today I don't know how to answer that question just honestly actually like was it one beer two beers no beers there one there's one beer okay your be stand right there on my light stand on my light and not on my car take take one step to your left one step to your left okay so you had so you had one beer when was that one beer it was probably like 45 minutes ago okay in over there over there in lunus yes sir okay and now you're heading home yes sir okay so obviously my job is make sure everybody gets home safely including you okay right that's my job do a favor put your put your heels and Toes together yes sir hands at your sides and not in your pockets and do a favor for a split second your hat just just put on backwards I know be kind of weird what do you do for a living I work for the railroad okay keep got you yes sir any any major head injury no okay see my finger right here see my finger yes sir follow my fingertip with your eyes eyes only don't move your head my hand's going to move from your left to your right follow it the whole time do you do you understand that yes okay here we go oh don't move your head sir okay actually actually start my finger okay s it your sides not in your pockets can I put my hands in my pockets no no no put your heel toes together yes sir okay here we go follow my finger you can see it but actually stare at my fingertip [Music] okay same thing now I'm going go up and down your sides that any Pockets can I readjust you need to readjust go and readjust please go ahead okay yes sir but keep your hands out your pockets oh okay hands right here at your sides put your he put your heel and Toes together just like this okay same thing it's kind of a hard position okay well you can s like that that's fine okay sir two more quick tests and we'll we we'll possibly get you on your way any problems walking balancing or turning no sir no can you can walk behind those shoes yes sir okay come with me stand right there on my light yes sir fix your truck yes sir put your he heels and Toes together heels and Toes heels toe heels heels and toes head on your sides and not in your pockets okay sir can you imagine a straight line from your left foot to my right foot yes or no yes sir okay the line width be the width of your foot which is about 5 inches wide do your favor on that imaginary line place your left foot just like this going to do it for me now so I got to do Heel To Toe no right now right now just just put your left foot on the imaginary line yes sir that's your right foot I said put your put your left foot on the line okay yes sir okay now put your right foot in front of your left touch and heel the toe like I'm doing and stay like that directly in front line up your feet hands your side okay do not move until I te you do you understand yes sir so from that position when I tell you to begin and only when I tell you to begin you will take a series of nine heill toe steps down that line just like this watch me don't start it just like this one two three get back in that position yes sir okay sir I took three just to show you but you will take nine steps yeah I got I got confused okay can can I adjust you could you could get back in that position right foot in front of your left yes sir okay so sir I took three but you'll take nine steps once you make once you once you take nce steps you'll make a turn keep your front foot planted with your back foot bring around like this taking a series of small steps tur all the way around and now you facing my police car sir did you start the Turning process okay after you turn you'll take nine more heel toe steps down that same line just like this one two three back down to number nine s during this test keep your hand directly at your sides look down your feet while you count and count all loud so I can hear you also once you start this test don't stop that you've completed it and don't forget to tou heill the toe all right any questions I'm a little nervous gotcha but other than that do you do you feel I understand yes sir I understand but I'm nervous gotcha why are you nervous how can he not be nervous okay okay next up will be step number one all right ready I'm ready whenever you are hey I'm really nervous okay remember I said take nine more steps nine more yeah okay okay can I try to ease my nerves sure you try to use your nerves this that's what you got to do all right yes sir yes sir keep your hands out of your pockets though okay okay I'm just really nervous gotcha stand right there on my light yes sir turny to face me yes sir put your heels and Toes together yes sir hands out your sides yes sir right here next test called the one leg stand okay when I tell you to begin with what I want you to do is raise a leg of your choice either your left leg or your right leg approximately 6 in parallel with the ground do you know the word parallel means yeah it means you got to pick it up level okay right do you know how tall roughly roughly 6 in is I I have an idea okay roughly roughly size of a coat can more or less yes sir okay watch me don't sorry I'm I'm going to show you what I want you to do okay don't sorry yet sir my hands are my size what what I'm gonna do is I'm gonna raise my left leg okay my left leg fck my toes pointed my foot's about six inches parallel with the ground which means level at my sides once your foot is raised you look down at it and count like this 1001 100002 1003 1004 1005 and you'll keep on Counting until you tell to stop counting okay sure during this test keep your hand directly at your sides look down the foot that's raised and count out loud any questions you feel understand everything they want you to do this time okay you can start when you want and I'll tell you when to stop you ready yes sir go ahead you count I didn't say Stu yet I I don't have a good balance sir I asked you earlier you and you said that you didn't have any POS walking Bal your turning I'm try okay that's fine go stop don't have a good balance got got do you know your alphabet yes sir okay starting with the letter H stopping with the letter R weite them forward don't sing them but say each letter clearly so I could hear you h i j k lement do I go forward or backwards forward okay so h i j k l m n o o p QR s t UV s q we done um Stu Q Z XYZ can you count backwards numbers yes sir count backwards from the number 58 to 43 58 57 56 55 54 53 52 51 and then I'm going back to 50 then now we're going 49 48 47 46 45 44 46 40 45 44 43 42 41 Zer uh 30 so 30 39 38 37 36 35 sir after conducting standardized field sobriety tests Mr argon was placed under arrest for driving under the influence of intoxicating liquor and or drugs on my Dash right here on this thing can I put both hands behind your back both hands behind your back both hand all the way behind your back what's that yeah 5 I'm rolling what was your final the 2011 okay sure listen to me right now I'm about to tell you something very important okay you under arrest for driving under the influence of intoxic liquor Andor drugs the requir you to submit to a breath test to determine the alcohol content of your blood if you take our test you will have the right to choose an additional independent test if you choose to take this additional independent test let's change you have the right to reason opportunity to arange for a physician a licensed nurse or laboratory to addal technologist who's applo by hospital or a physician of your own choice to perform additional chemical test the cost of this additional test will pay for by the law enforcement agency which is us the state police sir do you agree to take our test at which time I'm asking for your breath test no sir no okay so sir I can't force you I can't force you to take our test but if you refuse you allusion me driver's license or non-res op privileg for one year if you were convicted in court for driving under the influence you may also receive a greater sentence CU you have refused to be tested furthermore you be charge with aggravated DWI that's the way the law works here in state of Mexico with that in mind you want subit to a breath test can't let me just go home well you go home after the judge sees you no come on man please no unfortunately not can't you can't like follow me no spread your feet spread your feet and you said no you said no to the breath test right okay turn Face me open your mouth what's in your mouth what what's in your mouth nothing okay so sir right now it's 346 right now you be chargeing activated DWI cuz you have not because cuz you don't give me a breath sample that's way that's way a lot works okay you can't just let me go home M back here [Music] back and it rains it Pour us off it does 0346 hours going 105 for 1047 implied was red verbally refused M re and clear I'll give you Z in again have a seat did I just step in yep just step in is there anything about you in the vehicle other than the vehicle itself no like no large amounts of money anything like that no okay fck you in real quick dude I was so close to gotcha while Sergeant lefave inventoried the contents of the vehicle he noticed several opened alcoholic beverage containers on the front passenger floorboard go you in there no open hens they spilt these put these Rings right [Music] here his clothing while waiting for the tow truck Mr argon expressed how unhappy he was about being arrested before making threats towards Sergeant lefave you could just let me go now you yeah you could have I was so close to home you're an [ __ ] you guys don't even know Back stories we don't even know what Back stories about what well just to take me in particular my backstory is I've been work my ass off at Amazon night shift 12 hours just working working working I take one night off I stop at a friend's house just to have a [ __ ] beer you guys do this like am I locked up for a while what's up am I locked up for a while no you tell that or is it just no you uh you just have to see a judge so and I don't know the judge is schedules tomorrow but you could be out tomorrow why do you do this to me though oh why do I why why do I do this to you yeah okay so you're going to blame me oh man okay no that's fine was so close to just being home gotcha I understand that I was so close to being home so yeah I do blame you okay blame blame people for your actions I'm not trying to like argue with you I'm not trying to like it's just like come on man like this could happen to anybody it could you are 100% correct and it does happen to a lot of people me and my wife have been fight like you're probably the cake on the icing I I guarantee she's going to divorce me now so thanks thanks for that this sucks this really sucks man somebody's calling you I believe huh I believe someone's calling you oh it's probably my wife is it is it Deandra yeah yeah that's her why do you got to like tease me I'm telling you she's called you're fine I won't tell you that she called well dude she's she probably divorced me Jo Jo so she knows where you're at at least never mind she hung up care she hung up could let me go man I wasn't far I'm not in combative I'm not nothing I didn't say you were combative no one said you're combative I know but man it just sucks you like you don't understand like some people people I get it like some people deserve it but you don't think you so so you don't think that you that you deserve to go to jail tonight no I don't think you deserve to go to jail tonight I have an interview that's probably ruined I've been trying my ass off and been working so hard you could have just let me go dude you could have just let me go you could have followed me you I I swear to God I would hav't done nothing dumb which you arrested me because I'm so tired you see why I hate the [ __ ] law you see why then you wonder why people hate you doesn't bother us oh it doesn't bother you well really doesn't I wish I could be a piece of [ __ ] just like you you're welcome that saved your life tonight you're welcome sir you didn't Sav my life you're welcome I'd have went home I have went to bed you ruined my life is what you did okay you guys ruined lives that's what you have to tell yourself to feel good about yourself that's sad cuz you know the truth okay think there's a special place in hell for people like you okay no for real you guys think you're doing the right thing which you guys just ruin people's lives honestly if a civil war ever breaks out you're going to be the first guy I'm head hunting [ __ ] is that a you want to you want to threaten me gun is that what you really want to do I'm not threatening you is is that what you to do you want you want to make threats I'm not threatening you is is it that what you really want to do not threatening me you want another charge I'm not threatening yeah yeah yeah you're yeah you I'll be the first one yeah that's not a threat it's not a threat no okay okay well I won't be going anywhere so I'll be easy to find all right I really hope this [ __ ] pops off I really hope this [ __ ] po it's going to be fun everyone gets even you know everyone gets even I'll see you you have me so agitated do you feel good ruining people's lives do I do I feel good about saving people's lives absolutely oh saving people you might have ruined my life tonight I'll ruin yours back I hope I get the chance to do it myself here let see on this bench Mr argon was transported to the Los Lunas Police Department for processing before being taken to the Valencia County Detention Center it like I like I read you some like I read you that thing at the at the traffic stop time you arrested I read you I read you implied you said you don't want to take a breath sample that's fine you're right I still on the machine the machine is going to say please blow until the tone stops you have about 3 minutes to change your mind from from refusing to submitting um I already read the consequences for refusing you're automatically charged with activated DWI um through MVD you lose your license for a year um wor cas scenario I don't trust you guys okay that's fine I ask you about a trust question I said I don't trust you okay Mr argon was charged with DWI first offense speeding 21 to 25 mph over and open container First Defense Mr argon took a plea deal which dropped the speeding and open container charges in exchange for a guilty plea on the DWI charge