Deal Gone Wrong

For those that have followed my story over the last several years ... In 2019, I was charged with improper sell of a vehicle and fraud. All because I let a member of my church take over car payments that I sold to her since she was unable to get her own financing. What I thought was a simple gesture of helping someone who was in need of a vehicle, ended up becoming a nightmare for me.

Many people hear my story and they ALL have the same reaction. "That's a crime?" "You got sent to prison for that?!" "That makes absolutely no sense!" Even the gang unit supervisor at the prison stated, "Either you're not telling me something, or the Judge really screwed you over."

I mean, if I had sold the car and pocketed the money instead of paying the bank, that would definitely be fraud. But that's not what happened. The bank statements even show that the money paid to me went directly to the bank. And every legal mind that I've consulted with (and it's in the dozens) within the judicial realm has told me that what I did wasn't a crime and this shouldn't have been a criminal case. Nonetheless, I was convicted of these charges and sentenced to 3 years in prison!

So now, 6 years later. After initially being charged and arrested, having been sent to prison and released on an appeal bond, having lost my appeals, and now having to go BACK to jail ... I'm breaking down the legality and miscarriage of justice in my case, and sharing my story.

The deal ...

In May of 2018, my then-wife and I decided to sell our 3rd vehicle because the added expense was causing more financial stress on an already tumultuous marriage. However, the vehicle still had a lien on it because it wasn't fully paid off.

The book value of the vehicle was $4,000. Our plan was to sell the vehicle for $4,000 cash and just refinance the remaining balance owed. So we posted the vehicle for sell for $4,000 OBO, but also put in asterisks: **Willing to consider payments under certain conditions.

Those conditions were that the buyer would assume the full term of the loan, which at that time was around $6,300. A member of our church reached out in response to the For Sale post and asked if we would be willing to take payments.

My then-wife orchestrated the deal, but apparently she didn't communicate properly because the buyer still believed she was only making payments toward the $4,000 cash offer. The question is whether my then-wife intentionally lied to set me up (which is what my first assigned public defender believed), or if there was genuinely just a huge misunderstanding. Regardless, even with the misunderstanding ... this should've been a civil case.

It wasn't until about a year later, when the buyer stopped making payments, that I realized the buyer and I had a totally different understanding of the deal. Long story short, I contacted the bank to notify them of the situation. The bank instructed me to repossess the vehicle because it was considered 'collateral in jeopardy' and provided me with a sample repossession order to modify along with a copy of the title.

When I did what the bank told me to do, that's when I was charged with these crimes.

This is a screenshot of a text message I received from another employee at the bank discussing the repossession. I believe the word 'repaired' was a voice-to-text error, and should've read [repo'd].

The charges ...

Count 1: Improper sale, disposal, removal or concealing of encumbered property (3rd degree felony)

Count 2: Fraud over $2,500 but less than $20,000 (3rd degree felony)

The District Attorney's theory as to Count 1 (to make it a criminal offense) was that I had the intent to defraud. The theory as to Count 2 was that I made a promise (to the buyer) that I never intended to keep.

Legal definitions:

Count 1: Improper sale, disposal, removal or concealing of encumbered property consists of a person knowingly, and with intent to defraud, selling, transferring, removing or concealing, or in any manner disposing of, any personal property upon which a security interest, chattel mortgage or other lien or encumbrance has attached or been retained, without the written consent of the holder of the security interest, chattel mortgage, conditional sales contract, lien or encumbrance.

• Whoever commits improper sale, disposal, removal or concealing of encumbered property when the value of the property is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

Count 2: Fraud consists of the intentional misappropriation or taking of anything of value that belongs to another by means of fraudulent conduct, practices or representations.

• Whoever commits fraud when the value of the property misappropriated or taken is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

Legal breakdown ...

In order to convict me on Count 1, the State had the burden of proving that there was intent to defraud the bank (not the buyer).

In an e-mail from a former Staff Attorney with the Legislative Counsel Service (LCS), she writes:

"In order for a person to be convicted of Improper Sale, Disposal, Removal or Concealing of Encumbered Property pursuant to Section 30-16-18 NMSA 1978, certain elements must be met:

1. The person must knowingly sell, transfer, remove, conceal or in any manner dispose of any personal property upon which a security interest, chattel mortgage or other lien or encumbrance has attached or been retained;

2. The person must do this without the written consent of the holder of the security interest (in this case, the bank/mortgage issuer); AND

3. The person must also have the intent to defraud

A person may be charged with this offense upon a minimal amount of evidence, but in order for a person to be guilty of this crime, each of the elements above must be met and failure to meet all the elements renders an individual not guilty. Whether the elements above are met would be determined at trial.

In State v. Woodward, the New Mexico Supreme Court reasoned that the purpose of the statute, making it a crime to improperly sell, dispose, remove, or conceal encumbered property, was to provide protection to a secured party or mortgagee from improper removal or disposition of encumbered or secured property. Thus, the purpose of the statute is to protect the relationship between the secured party and the mortgagee (the lender—I know it seems like the mortgagee would be the recipient of the loan, but it’s actually the opposite)."

So based on the context of that legal explanation from a former staff attorney of the LCS, what makes it a crime is having intent to defraud the bank. However, during the trial, the bank was not portrayed as the 'victim', but rather, the alleged victim was the 'buyer', and there was no evidence introduced during the trial that I had any intent to defraud the bank.

Throughout the trial, bank statements clearly showed that the payments made to me by the buyer went to the bank. Not to mention, the loan officer from the bank testified that she knew I had sold the vehicle, but that she didn't believe me until the 2nd phone call. Again, there was no evidence that I was even trying to improperly sell, dispose or conceal the vehicle.

Transcript log of trial shows loan officer testifying that she knew I sold vehicle.

In order to convict me on Count 2, the State had to prove that I intentionally took anything that belonged to the alleged victim.

In a separate hearing before the trial took place, the District Attorney filed a motion in limine. For those unfamiliar with this type of motion: The primary purpose of a motion in limine is to prevent the introduction of potentially prejudicial, irrelevant, or otherwise inadmissible evidence from being presented to the jury during the trial.

This particular motion in limine filed was to exclude a contract I created for the sale of the vehicle (that was never signed) from being introduced in the trial since it was considered hearsay. The Judge ruled in favor of the motion in limine to exclude the unsigned contract from being introduced.

Due to the fact that the contract was never signed, and thus, excluded from the trial ... there was zero evidence throughout the trial that the vehicle legally belonged to the alleged victim. In fact, the vehicle was still registered under my name and my name was still on the title. So according to the statute, I couldn't have committed fraud because the vehicle did not legally belong to the alleged victim.

During the trial, the prosecutor painted this picture that I held a trusted position in the church as a pastor and took advantage of the church member's trust by 'making a promise I never intended to keep'. This was the theory he used to get a conviction. Not actual evidence. And as my trial attorney attempted to enter into evidence text conversations between my then-wife and the buyer (that showed the deal was made between them and that I didn't have any intent to defraud) ... the Judge did not allow them because during cross-examination both my then-wife and the buyer claimed they did not remember those conversations, so they were also considered hearsay.

The State misinterpreted and misapplied the statutes in my case, and as a result, I was wrongfully charged and convicted for crimes I didn't commit, despite a lack of credible evidence!

Ineffective assistance of counsel ...

It took 4 years before my case finally went to trial on these petty charges! And in the 4 years pending a trial date, I met with my trial attorney for a total of one hour the day before my trial!! You could say he was NOT invested, was NOT prepared, and did NOT represent me well at all. Oh, and did I mention my trial attorney was 45 minutes late on the 2nd day of trial, and 20 minutes late on the 3rd day?!

The fact that my then-wife was the one who posted the vehicle for sale and did the deal ... she should have been charged as a co-defendant (IF this was genuinely a criminal case). However, the State never charged her and, instead, used her as a witness against me! How that happened, I have no idea! My trial attorney never informed me about the Spousal Privilege Rule, nor did he protect my Spousal Privilege right.

Spouses cannot be forced to testify in criminal proceedings against another spouse. They have to volunteer to. Being that my then-wife willingly volunteered to falsely testify against me is a clear indicator that she did not have our children's best interests at heart, even though she claims she did (click here). She had an agenda to have me sent back to prison so she could get our house and get custody of our 3 boys. (Click here to read FULL story).

I might also add, that evidence I provided to my trial attorney years before my trial, was never forwarded to the District Attorney's office as part of my defense. Otherwise, it could've potentially led to the dismissal of these charges!

Once the State and my trial attorney rested it's cases, it took just under 30 minutes for the jury to deliberate! During the deliberation process, my trial attorney notified me via text message that one of the jurors had a question, which was: "What is the legal definition of 'intent to defraud'?" But before an answer could be provided on a Google Meets video call, the court clerk announced that a verdict had been reached.

GUILTY on both charges!!

My trial attorney assured me that since the charges were non-violent and I wasn't facing any mandatory time, that I would get probation and he would appeal my case. Unfortunately, my trial attorney was sorely mistaken! On April 27, 2023, I was ordered to serve 3 years in prison with 3 years supervised probation to follow, as well as to pay $8,400 in restitution (which is double the amount the buyer paid)! The Judge ordered me to surrender myself on May 11, 2023.

The appeals process ...

Just before I surrendered myself to the county jail to be transported to prison, a dear friend of mine graciously hired an appeals attorney to handle my direct appeal! After having served 6 months in prison (technically a year with the good-time credit), the appeals attorney was able to get me released from prison on an appeal bond just after Thanksgiving, pending my direct appeal (read full Brief in Chief here).

Video of me getting to surprise my boys a day after my release from prison since I was released in the evening and didn't get home until close to 11:00pm.

9 months later, I got the disappointing news that the Court of Appeals, in a shallow 14-page Memorandum, had affirmed my conviction (read here).

Below are some statements from the memorandum opinion:

• "We “will not review unclear arguments, or guess at what [a party’s] arguments might be."

  • Isn't that their job? To review the facts of law and if anything is unclear, for them to seek clarification so that a justified ruling is adhered to?

• "Even if the district court erred, the State asserts, Defendant has failed to demonstrate that any such error warrants reversal."

  • If you read the Brief in Chief, it clearly outlines specific case laws to demonstrate the errors listed.

  • For example, the District Court Judge erroneously ordered me to pay double the amount in restitution when (throughout the trial) evidence only showed actual damages to be in the amount of $4,275. Punitive damages cannot be ordered in a criminal case! Universal Citation: NM Stat § 31-17-1 (2024) (2) "actual damages" means all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, except punitive damages and damages for pain, suffering, mental anguish and loss of consortium. Without limitation, "actual damages" includes damages for wrongful death;

  • Fundamental error is often considered a reversible error in legal proceedings. Reversible errors, in general, are serious mistakes that, if properly objected to, can lead to a reversal of the trial court's decision by an appellate court. 

• "Accordingly, we find no error in the district court’s written order sentencing Defendant to five years of probation."

  • At my oral pronouncement of sentencing, the Judge ordered me to serve 3 years probation following my 3 year incarceration. But in the written judgement, it stated that I was to serve 5 years probation. There was a 2 year add-on, which by law, is an illegal sentence.

  • The image below is a transcript log of my motion to reconsider sentencing on May 7, 2025. Even the Judge acknowledges that the 2 year add-on was an error, which totally contradicts the appellate judge's opinion! This clearly shows that the appellate court was skimming and not doing their jobs!

    

• "We will not search the record for facts, arguments, and rulings [to] support generalized arguments” appellant must “demonstrate through discussion of facts, arguments, and rulings appearing in the record” how the district court erred."

  • I felt that the Brief in Chief authored by my appeals attorney clearly stated all of the facts, arguments and case laws the supported our arguments, yet the appellate judge just skimmed through the 60 page Brief in Chief, not paying attention to detail and overlooking the facts stated, even in the reply brief (read reply brief here).

After a disheartening conversation with my appeals attorney, I made the grueling decision to continue the appeals process and fork out another $5,000 to petition the State Supreme Court with a Writ of Certiorari (read here). And just 28 days later, it was rubber stamped with a denial. No explanation as to their reasoning!

My next option was to petition the United States Supreme Court, but my appeals attorney wanted $20,000 for that!! With the lack of faith in the judicial system to work properly and obviously the lack of funds ... my hopes of a reversal or exoneration were over. After almost a year and a half of appeals, my case was remanded back to the District Court on January 17, 2025 to impose the remainder of my 3 year prison sentence.

Motion to reconsider ...

After 6 years of fighting this case and not having any trust in my legal team to actually help me ... you can imagine I was spending a lot of time doing my own research and studying my rights and the law. Heck, that's more than half the time it takes to get a law degree!!

Anyway, I learned about Rule 5-801, which is a motion asking the judge to reconsider and/or reduce sentencing. This motion can be filed within the District Court either 90 days after the original sentence, OR within 90 days of a mandate from a court of appeals affirming conviction.

My appeals attorney wanted another $12,000 just to file this motion on my behalf! Mind you, my friend had already paid him close to $30,000 and helped raise another $8,400 for my appeal bond. On top of that, I paid him $5,000 more to file the petition for Writ of Certiorari!! That's nearly $50,000 spent to fight a measly $4,000 case!!

I kindly explained to my appeals attorney that I just couldn't stomach paying anymore money for a great deal of uncertainty and disappointment, and asked him to withdraw as my counsel so I could apply for a Public Defender to file the Rule 5-801 motion. He obliged.

Several weeks later I was assigned a Public Defender out of Albuquerque. This new public defender went by the nickname "Rattlesnake Lawyer" and authored several law books, so I was feeling hopeful that he was knowledgeable, empathetic, and would help me. However, he turned out to be no help whatsoever. After multiple requests of asking him to file the Rule 5-801 motion, he had a different approach and was just going to ask the judge not to send me back.

Correct me if I'm wrong, but aren't attorneys supposed to be working for YOU, not the other way around? I realized after several short conversations that this guy was not going to be of any help, so I took it upon myself to be proactive and start an online petition (view petition here). I then went to Google and started looking for another lawyer. That's when I found the Law Office of Michael E. Cain out of Las Cruces, NM. And what a relief he was!!

In all my other dealings with previous attorneys, they did a great job (even if unintentional) of making me feel like time was money, and all of our conversations were rushed. Remember I mentioned I only met with my trial attorney for ONE HOUR the night before my trial!! He had my case for 3 years and I got one hour of preparation out of him. My appeals attorney was no different. The majority of our conversation was him talking legal mumbo jumbo that made no sense, and didn't even raise the right issues in my appeal.

When I met with Mr. Cain for the initial consultation, he gave me a great sense of relief and I was super encouraged with how he viewed my case. He even called in his partner to come to the office and double team my case with him because they were both appalled that I was actually convicted of these crimes. Want to know how long our meeting was? Over 3 hours!!! 3 hours of digging into case law, state statutes, and drawing out a game plan of how to get the BEST results possible.

I felt I had a really good chance due to the fact that the alleged victim had been paid back the $4,275 she paid (even though that money went to the bank). Plus the bank auctioned off the vehicle for more than what was owed on my loan. So there was no victim in this case.

Unfortunately, I honestly don't think I stood a chance, regardless of what attorney I had representing me. The Judge seemingly had her mind made up and it was evident through her demeanor and body language throughout the hearing. She stated that she found it remarkable that I was doubling down on my innocence and found it annoying that I talked about my boys as if to use them to get a more lenient sentence.

I will say the Judge slightly relented in reconsidering my original sentence of 3 years by reducing the remaining 2 years I had left to one year. She also allowed good-time with a previous credit of 25 days, and authorized work release ... unfortunately the jail is too short staffed to accommodate that program, so I will not be able to work the whole time I'm incarcerated. Which is why I've prayerfully considered to reach out for help.

If you know me, I'm not really the type of person to ask for help. But not being able to work for a year is hard for anybody. So I am starting this campaign fund to help sustain me and my boys financially with the hopes that we don't lose everything I've worked so hard for!

Any amount helps tremendously and I thank you in advance for your support!!

Donate Here

I will not give up this fight and am currently in the process of exhausting every appeals option that I have. I have filed a Writ of Habeas Corpus seeking relief for ineffective assistance of counsel, malicious prosecution, and actual innocence.

Regardless, I will have to surrender myself by June 3, 2025 to serve the one year the judge imposed. If all goes well, with good behavior, I can be out in approximately 5-6 months.

Despite the outcome of this situation, I continue to trust that God has a plan and there is great blessing on the other side of this. My prayer is that sharing my story will not only bring judicial relief, but vindicate me of all the lies that have been projected onto me.

To all of you who have supported me throughout this nightmare and signed the petition to help keep me free ... THANK YOU!! I am forever grateful to those of you who have remained in my corner. You know who you are! Until I get out ... please pray for me and my boys. God bless, always!!!

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