Court seals homicide case at request of Santa Fe police

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Victoria Traxler, The Santa Fe New Mexican
·2 min read
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Mar. 19—Details about the charges against Randall Lopez, who is accused of fatally shooting another man in January, were sealed by the court this week, something the judge said is only done under severe circumstances.

Magistrate David Segura approved a request from the Santa Fe Police Department to seal the arrest warrant and subsequent documents regarding the case against Lopez.

Lopez, 31, was arrested Wednesday and charged with murder, armed robbery and being a felon in possession of a firearm in connection to the Jan. 8 shooting of Frank Pete, 50, at the Las Palomas apartment complex in the Hopewell Mann neighborhood. But the details of the case remain under wraps.

While Segura was unable to provide specific insight into why this case had been sealed, it is something he said he does "very rarely."

"What happens in these types of circumstances is some of these documents may either tip off a defendant, or perhaps place a witness in jeopardy," he said. "But we would never do that if it was anything other than a danger to the investigation itself or a witness in a case."

Santa Fe police Capt. Anthony Tapia said the primary reasons for sealing the case were to protect those named in the charging documents and to keep the suspect close.

"In this case, the reason why it was sealed is it was an ongoing murder investigation, and there were concerns of destruction or removal of evidence [and] also concerns about potential retaliation against the individuals that were named in the affidavit," Tapia said. "We didn't want it to get out publicly so that he would flee or destroy evidence."

Despite police now having Lopez in custody, the documents are still sealed, making them unavailable to the public. Tapia said investigators are still worried about the safety of witnesses who identified suspects leaving the building on the night of Pete's slaying.

"The thing that still remains is the protection of the witnesses," Tapia said. "There is a potential that he would be released out on bond."

However, Segura said in most cases, once the suspect is in custody, there may be motions approved to unseal the documents.

"It's my anticipation that in most cases, after the need to seal has been exhausted, in other words, someone is in custody, or the investigation was to a point where it no longer jeopardizes the gathering of evidence, then parties can move to [unseal] the document," he said.

Tapia said the department is trying to release as much information as it can, but little is known about the investigation except for the identities of the victim and the defendant.

"We're trying to release as much as we can, but it's a homicide investigation, so things could go quite long down the road," Tapia said.