Case Details

Animal cruelty, homicide
Socorro, NM (US)

Incident Date: Saturday, Aug 5, 2006
County: Socorro
Local Map: available
Disposition: Alleged

Alleged: Isaiah Bolton

Case Updates: 2 update(s) available

Case ID: 9501
Classification: Poisoning
Animal: cat, dog (non pit-bull), bird (wildlife)
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Homicide suspect Isaiah Bolton, already facing 10 criminal charges, was arraigned on 17 additional charges before his preliminary hearing on Aug 17, 2006 in Socorro Magistrate Court.

Bolton, 26, is accused of the Aug 5, 2006 shooting death of 25-year-old Tech student David Cady. Among the other charges Bolton faces is the attempted murder of another Tech student, Matthew Garcia, 22, who was with Cady during the incidents that led up to Cady's death.

Bolton appeared in Magistrate Court before Judge Jim Naranjo. Mark Ernest, from the Public Defender's Office in Albuquerque, is the defense attorney.

Bolton was initially charged with one open count of murder, two counts of attempted murder, one count of aggravated burglary, one count of aggravated battery, two counts of tampering with evidence, one count of shooting at or from a motor vehicle and two counts of negligent use of a firearm.

The additional charges include 10 counts of extreme animal cruelty, all fourth-degree felonies, six counts of possession of game or fish without a license and one count of unlawful possession of an owl.

Naranjo advised Bolton that if he were found guilty on all of the additional charges, the maximum sentence could add 18-1/2 years and $53,000 in fines to the existing charges.

Bolton was bound over to District Court for trial.

On Aug. 8, Socorro police officers Sgt. Lawrence Monta�o and Detective Kenneth Greenwood, along with Sgt. Robert Griego of the New Mexico Department of Game and Fish, executed a search warrant at Bolton's apartment on School of Mines Road. There they reportedly found liquid-filled jars containing dead animals including kittens, full-grown cats, a baby bird and a rabbit. Also found were elk, oryx and deer skulls, the jawbone of a fawn deer, a dead tassel ear squirrel, a decorative fan made from Great Horned Owl and bluebird feathers with an oryx-tail handle; and a Great Horned Owl carcass. According to Monta�o, all of the animal remains were found in what he described as a northeast bedroom of Bolton's residence.

During the eight-hour preliminary hearing, District Attorney Clint Wellborn called 11 witnesses. The defense did not call any witnesses.

Testifying for the prosecution were Matthew Garcia, and neighbors John Dean and Dawn Sweeney, who also saw or heard some of the activity on the morning of Aug. 5. Members of the Socorro Police Department who provided testimony were, Officers Bobby Aragon and Rebecca Gonzales, who were first on the scene; followed by Sgt. Martin Benavidez, Detective Angel Garcia and Monta�o. Michael Larisch, the Quemado district officer for the Department of Game and Fish testified, as did two investigators from the New Mexico State Police Major Case Crime Scene Team, Agents Shane Arthur and Richard Matthews.

The prosecution sought to prove a story of a verbal argument that was escalated by Bolton's actions until it resulted in Bolton intentionally hunting down and shooting Cady.

Garcia testified that on the night of Aug. 5, he was having a few beers with Cady on the patio at Cady's apartment. Bolton, who lived in the other half of the duplex, came over to visit. Garcia said this was not unusual. He said when Bolton stated he had poisoned a dog about 10 years ago because the dog bit at him, Cady told Bolton to leave. An argument ensued, with Bolton attempting to apologize and Cady refusing to accept the apology. When Bolton did leave, he threw a bottle onto the patio and broke it, according to Garcia.

Garcia testified that later that same night, Bolton appeared at the wall separating the two patios and was still trying to apologize. Cady became angry and went up to the wall, and punched Bolton three times in the head. When Cady returned from the wall, he had a knife wound to his upper arm. Bolton then returned once again to Cady's residence still trying to apologize, this time with an offering of a small amount of marijuana. According to Garcia, Cady took the marijuana, but still would not accept the apology and told him to leave. Bolton did not leave.

"We chased him home," said Garcia.

After Bolton returned to his apartment, Cady kicked at the door three times, and then threw a 5-gallon plastic bucket at the residence and broke a front window.

Garcia testified while Cady was still on the porch, gunfire started, and both Cady and Garcia left Bolton's property.

Garcia was hiding in Cady's residence when he saw Bolton enter the residence with a gun, and look around in the living room and two bedrooms before leaving. After Bolton left the apartment, Garcia testified that he finished placing a 911 call and only came out of hiding when the police arrived.

"Twenty-seven counts is an overreaction and over-prosecution," said defense attorney Ernest in his closing comments. "Throw everything including the kitchen sink in there."

Ernest claimed that the prosecution had not successfully provided evidence of an open count of murder. He said Bolton was not the aggressor, but was merely acting to protect himself and his residence, when he fired shots out of his own window; and in doing so, struck Cady.

Ernest challenged the legality of the Aug. 8 search warrant by stating to Monta�o during cross examination that he is not a vet and is not qualified to say how any of the animals died; and does not have the expertise necessary to associate the dead animals with a ritual or ritualistic killing.

Ernest asked the court to separate the newest charges into separate complaints, saying they had no bearing on the original charges, but were only added prejudicially.

Naranjo ruled that all but three counts be bound over to District Court. He did not find sufficient evidence to justify prosecution on the charges of tampering with evidence and shooting at or from a vehicle.

The prosecution withdrew one of the counts of possession of game or fish without a license, noting that Monta�o had failed to remember to include the tassel ear squirrel in his testimony.

The judge also denied Ernest's request to separate the charges, saying that he should take that up with District Court.

No date for the trial in District Court has been set.

Case Updates

Isaiah Bolton waived his preliminary hearing in Magistrate Court and was bound over on 15 counts of child exploitation.

No arraignment hearing has been set for Bolton, 26, of Socorro.

According to the criminal complaint, police officers found images that appeared to meet the definition of sexual exploitation of children while searching Bolton's duplex apartment on School of Mines Road.

In a previous Chieftain article, Sgt. Lawrence Monta�o said officers were searching to find information that had anything to do with animal cruelty when the other images were found on his computer hard drive and on floppy disks.

Bolton is being held at the Socorro County Detention Center. He also faces eight unrelated charges in the shooting death of David Cady, 25, on Aug. 5. In addition, he is charged with nine counts of cruelty to animals and seven counts of possession of game or fish without a license.

Bolton could spend up to 22-1/2 years in prison for the child exploitation charges and/or pay a $75,000 fine.

Bolton is being represented by Mark Ernest, of Albuquerque.
Source: El Defensor Chieftain - Oct 25, 2006
Update posted on Oct 24, 2006 - 11:01PM 
A Socorro man who is charged with the Aug. 5 shooting death of a Tech student now faces an additional 15 charges that are unrelated to the killing.

Socorro police officers filed the 15 counts of child exploitation against Isaiah Bolton, 26, last week. Bolton was arraigned on the charges Monday in Magistrate Court.

According to the criminal complaint, police officers found images that appeared to meet the definition of sexual exploitation of children while searching Bolton's duplex apartment on School of Mines Road.

Sgt. Lawrence Monta�o said officers were searching to find any information that had anything to do with animal cruelty when the other images were found. The images were found on Bolton's computer hard drive and on floppy disks.

Monta�o said the images did not appear to have been taken by Bolton but came from another source.

A search warrant was obtained for information on the computer tower, disks, zip drives, videotapes and compact disks in the apartment.

Monta�o said the information was sent to the Attorney General's office where experts had the capability to get into the hard drive and the disks to find the information they need.

"They know exactly what they're looking for," Monta�o said.

An agent was able to find several images of child pornography on the hard drive and some diskettes.

According to court records, Bolton could spend up to 22-1/2 years in prison for the child exploitation charges and/or pay a $75,000 fine.

Bolton is being held at the Socorro County Detention Center. He currently faces eight charges in the shooting death of David Cady, 25.

Bolton is also charged with nine counts of cruelty to animals and seven counts of possession of game or fish without a license.
Source: El Defensor Chieftain - Sept 26, 2006
Update posted on Sep 28, 2006 - 6:53AM 

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References

El Defensor Chieftan - Aug 19, 2006

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