Taos County District Court Judge Jeffrey Shannon told the courtroom Thursday that Deputy Nicholas Varela, the case agent for the trial of 81‑year‑old Chili Line Depot owner Gil Graves, has not been located after telling the district attorney’s office he would not testify.
Judge demands action from sheriff’s office
Shannon noted that Varela was properly served with a subpoena, yet his current whereabouts remain unknown. “That’s a problem,” the judge said, emphasizing the need for the sheriff’s office to explain what steps have been taken to enforce the court order.
Trial of Gil Graves delayed
Graves faces charges of aggravated battery, reckless driving and criminal damage to property exceeding $1,000. His trial, originally set for Sept. 29, was pushed to Oct. 21‑23 after a civil lawsuit surfaced alleging excessive force by Varela during a traffic stop in Costilla County.
Assistant district attorney Jason Montclare announced the state will no longer call Varela as a witness, a decision opposed by Graves’ defense attorney Day Thornton. “The trial was subsequently continued, but it could be argued that the subpoena is still valid even if the trial date has moved,” Shannon said.
Next steps
The sheriff’s office has not responded to requests for comment. Shannon instructed Montclare to contact the sheriff to learn what has been done to serve Varela. Thornton has until Friday, Oct. 16, to file an order‑to‑show‑cause motion regarding Varela’s alleged intent to violate the court order. A hearing on the matter is set for Monday, Oct. 19, and Varela must be served before that hearing can proceed.
This development underscores the importance of law‑enforcement officials complying with judicial processes, a principle that upholds both public safety and the rule of law in our community.
Original reporting: Taos News — read the source article.
