Duran, Martinez face charges for co-op fight

Both men involved in a fight at Kit Carson Electric Cooperative in Taos last month are now facing criminal charges related to the incident.

Cristobal Duran and Virgil Martinez — both members of the co-op board of trustees — were in a physical altercation at the co-op’s headquarters, located at 118 Cruz Alta Road Nov. 29. The fight started during a closed session of the board, and become violent in the halls of the co-op headquarters in Taos.

Now, the town of Taos is pursing charges against both men in municipal court.

Records obtained by The Taos News show Duran and Martinez face three counts: battery, assault and public affray. Each of the crimes is considered a petty misdemeanor.

Taos Municipal Court will issue a criminal summons to each man. Both men are scheduled for court on Jan. 10 before Judge Richard Chavez.

Different stories

A police report obtained by The Taos News offers differing accounts from witnesses as to what exactly happened. But everyone interviewed for the report agreed that the fight began with a verbal argument between Duran and Martinez during the board meeting, and that both men left the board room.

In his statement, Duran said Martinez “asked him to step outside” over their disagreement. According to Duran, Martinez started shoving him and grabbed his necklace. “They locked up arms and Virgil started to hit him in the chest area on the right side,” the officer said Duran told him. “[Duran] struck back by punching him in the face and they both fell to the ground.”

Duran told the police he was in fear for his safety and was defending himself, the report said.

According to the report, Martinez told the police Duran punched and kicked him as soon as he left the boardroom. “Then they landed on the floor and from there [Martinez] didn’t remember,” the report reads.

Martinez denied grabbing Duran and said he did not remember threatening him.

Martinez claimed that Duran asked him to step outside, the report states. But board members Manuel Medina, Ambrose Mascareñas, Bobby Ortega and Luisa Valerio, as well as co-op CEO Luis Reyes, are quoted as corroborating Duran’s claim that it was Martinez who asked in Spanish that they step outside.

Ortega told the officer Martinez taunted Duran by saying something like “Puro bavoso” — loosely translated as “talking crap.” Others, including Duran, said Martinez insulted Duran’s military service.

“[Reyes] said this wasn’t the first time Virgil had provoked someone to step out,” the report reads.

Video footage

The police report also describes a surveillance tape that was obtained by the police three days after the incident. The video showed the fight in the hallway outside Reyes’ office, and based on the description, appears to call into question the accounts attributed to Duran and Martinez in the report.

“Chris [Duran] in a black polo shirt appears in the video with his back toward the camera in a bladed defensive stance,” the report reads. “Virgil in a beige outfit enters the screen facing Chris and the two engage in a pushing match. The two continue to be locked in grips and the two fall into the entrance way just below the camera. Virgil is now on his back and Chris is on his knees above him to his right side. Chris is observed cocking his arm back and striking Virgil three times to the head.”

Taos attorney Alan Maestas is representing Martinez in the case. “I think my client is entitled to a jury trial and I’m going to do what I can to get him one,” Maestas said Dec. 13.

Duran’s attorney, John Day, could not immediately be reached for comment. Day has said Duran was well within his rights to defend himself during the altercation.