A woman was assaulted and injured at a Cortez gas station Oct. 24, but the suspect could not be arrested because of a Montezuma County Sheriff’s Office order at the time that limited new inmates to the jail, said Cortez Police Chief Vern Knuckles.
The order limiting arrests was rescinded Nov. 1, and the COVID-19 outbreak at the jail has ended, said Sheriff Steve Nowlin Tuesday.
According to a Cortez Police report, on Oct. 24 officers responded to the Speedway on East Main Street for a report of an assault.
Kelly Hall, a well-known fishing champion, said she was washing her car when a suspect identified as Marisa Sandoval allegedly threw a rock the size of a racket ball that struck Hall in the back.
Sandoval then allegedly threw a larger, 2- to 3-pound rock that damaged Hall’s vehicle, the report said. Sandoval left the scene, and could not be located by police.
An arrest warrant was issued for Sandoval that alleges charges of second-degree assault, a Class 4 felony; and criminal mischief, a Class 6 felony.
But the arrest had not been possible, said Knuckles in an email to 22nd Judicial District Attorney Matt Margeson. He cited a now previous order by Sheriff Steve Nowlin that restricts new inmates because of a COVID-19 outbreak at the jail.
Nowlin rescinded the order Nov. 1, clearing the way for arrested suspects to be admitted into the jail.
According to the previous order, the jail would only accept Class 1 to Class 3 felonies, sexual assault, mandatory domestic violence arrests, protection order violations. All others should be issued a summons, according to the previous order.
The district attorney’s office had publicly opposed the sheriff’s previous order, arguing it violated state law for mandatory arrests. In particular, Class 4 felonies require arrests.
In a Oct. 25 email to Margeson about the Hall assault, Knuckles said Sandoval has five active warrants, and that “has been a continual problem for our community.”
He said an “arrest warrant has been sought for the arrest of Sandoval for yesterday’s crime, but because of the jail policy, she can not be arrested and held to face charges.”
Knuckles told Margeson in the email that when he meets with the sheriff, “this could be another example of how the sheriff’s policy is detrimental to the safety and security of our community.”
Now that the outbreak has ended, the order limiting arrests has been lifted, Nowlin said Tuesday.
Nowlin defended his previous order, saying the temporary restrictions on jail entry were needed to protect jail staff and inmates during the spike in COVID-19 cases.
In an interview with The Journal, Hall said the suspect “came out of nowhere, insulted me and threw rocks.” She twisted her knee dodging the assault and was hit in the back.
She is waiting for an MRI to find out the extent of her knee injury. Hall works as a drywall installer and has missed work because of the injury.
“It feels like catch and release, people not getting arrested,” Hall said. “I’d like to see more preparation at the jail to handle all the inmates in this pandemic situation.”
This article was updated on Nov. 2.
