Man charged with intimidating a witness to be released pending trial
By Elise Kaplan / Journal Staff Writer
Friday, August 28th, 2020 at 3:15pm
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Daniel Carr (MDC)
ALBUQUERQUE, N.M. — A judge has determined the man charged with intimidating a witness in the Juan de Oñate protest shooting case can be released pending trial, but must abide by strict conditions — including wearing a GPS monitor, staying home unless attending work or medical appointments, and removing all firearms from his house.
Daniel Carr, 34, was arrested last week after investigators say he showed up at a witnesses’s home, wearing a holstered firearm, and implied he was part of a far-right militia movement.
Judge Alisa Hart made the decision following a two-hour hearing that involved testimony from the special agent investigating the case for the 2nd Judicial District Attorney’s Office, Carr’s pregnant wife and his boss.
She found he is a potential danger, but there are conditions of relief that could keep the community safe.
“Even if his intention was to intimidate a witness and protest the witness he was armed with a firearm and the situation he created is a dangerous situation that could have ended differently,” Hart said. “I’m finding the state met its burden by clear and convincing evidence that he is a danger however the state failed to meet the burden to show there are no conditions that will reasonably protect the witness and the community.”
According to a criminal complaint filed in Metropolitan Court, the day after a witness testified against Stephen Ray Baca — who is accused of shooting and critically injuring a protester during a demonstration in June — Carr showed up at his door. The complaint said Carr read the name of the witness in an Albuquerque Journal article and used google to find the address of the home he shared with his girlfriend and young child.
Once there, Carr asked repeatedly for the witness by name and said he was there “because you guys are destroying our city. You guys are Antifa, correct?” and “alright, now we know where you live,” according to the complaint, which was drafted by an investigator who watched a video of the encounter. Carr can be heard saying his name is “3%” — an apparent reference to the Three Percenters, a far-right movement that the Anti-Defamation League says traditionally opposed the federal government and more recently has been in opposition to left-wing protests and lockdown orders for COVID-19.
Carr does not appear to have any direct connection to Baca, the shooting, the witnesses or protests, investigators say.
“We need to be protecting people that testify and they shouldn’t have to feel pressure for having testified about an incident,” said prosecutor Shonnetta Estrada. “There are no conditions of release that would assure the safety of the victim in this case or any member of the community because pre trial services is not set up to monitor a person who scours the news looking for a case to be involved in.”
However after considering the testimony of Carr’s wife — who is expected to give birth to their first child in a couple of weeks — and his boss — who depends on him as an employee of the small business, Hart decided there are some conditions she could impose to monitor him.
Although a public safety assessment looking at Carr’s criminal history and other factors related to the crime recommended he be released at the lowest level of supervision, Judge Hart imposed many more conditions. In addition to the requirement that he wear a GPS monitor and remove firearms from his home, Hart also imposed a zero tolerance policy if he shows up at the victim’s home or has contact with the victim or any other witnesses in the home, He is also required to avoid participating in anything having to do with the 3% group.
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