Duran, Martinez plead ‘not guilty’ to co-op fight charges

Both men involved in a physical altercation at Kit Carson Electric Cooperative have pleaded “not guilty” to criminal charges related to the incident.

Cristobal Duran and Virgil Martinez, both members of the co-op board, were scheduled for an arraignment in municipal court Jan. 10.

Each man faces three counts: battery, assault and public affray. Each crime is considered a petty misdemeanor. The case will now move to a trial.

The Nov. 29 fight started during a closed session of the board and became violent in the halls of the co-op headquarters in Taos.

A police report 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 boardroom.

Duran has said Martinez insulted him, then attacked him outside the boardroom. Duran said he was acting in self-defense when he struck Martinez in the face.

Martinez has said he was trying to defuse the situation when Duran began punching and kicking him.

Police say a surveillance tape of the incident shows both men in the hall shoving one another, then Martinez falls to the floor and Duran punches Martinez while he’s down.

Richard Chavez, municipal court judge, told The Taos News that Duran’s attorney, John Day, called the court, waived arraignment and pleaded “not guilty” to all charges. Chavez said Martinez appeared in court Jan. 10 with his attorney, Alan Maestas, and also pleaded “not guilty” to all charges.

Chavez said a trial was now being arranged for both men.