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Jimenez acquitted in 2017 murder case

Adrian Hedden
El Rito Media
achedden@currentargus.com

Michael Jimenez wiped tears from his eyes as a jury acquitted him of first-degree murder after a six-day trial ended Monday in Carlsbad.

The jury had the option of convicting Jimenez on a lesser charge of second-degree murder but voted 11-1 in favor of acquittal. Lacking a unanimous verdict, the judge declared a mistrial.

Jimenez could face a future trial for second-degree murder but was released from custody after being imprisoned for four years awaiting trial in Fifth Judicial District Court.

Jimenez, 33, of Artesia was first charged eight years ago with killing Danny Mendes, 49, in a remote area of Eddy County near Four Dinkus and Haystack roads. Mendes, of Roswell, was found beaten to death in the roadway in March 2017.

Ryan Morgan, 29, first accused Jimenez of beating Mendes to death during a fight near the scene of the murder, but Morgan later recanted and said he committed the homicide. A single count of first-degree murder against Jimenez was dropped about a month after the incident.

Jimenez was rearrested in May 2021 after a former girlfriend told police he confessed to her that Morgan struck Mendes first in the head with a hammer and Jimenez finished him off with the same weapon.

For his role in the death, Morgan was charged with first-degree murder but accepted a plea deal for second-degree murder and was sentenced to 16 years in prison.

At the conclusion of Jimenez’s trial, the 12-person jury unanimously found him not guilty of first-degree murder but was hung on a charge of second-degree murder. Instructions for both charges were provided to jurors, who voted 11-1 in favor of finding him not guilty of the lesser charge.

District Judge David Finger declared a mistrial, and prosecutor Ariane Gonzalez said the state would retry Jimenez for second-degree murder. A new trial date was not yet set.

Jimenez, who served four years in pretrial incarceration, was released from the Eddy County Detention Center while he awaits future proceedings.

Defense Attorney Todd Holmes said his strategy throughout the trial was based on raising doubt with jurors about Morgan’s version of events as he testified on the witness stand to Jimenez’s involvement in the murder.

“From day one, he (Morgan) was just trying to save his own criminal liability,” Holmes said. “The dude has no remorse. He was asked why (the murder) was weighing on his mind, and he said, ‘I dunno.’”

After the verdict was read, Jimenez’s family members extended their fists in victory, relieved he was being released after almost half a decade behind bars.

“I was happy when I turned to see his mom. She just started crying,” Holmes said. He’s been in jail for four years. That’s a long time. Overall, justice was served. That’s our system.”

Following the acquittal and mistrial, Gonzalez asked Finger to require a $20,000 secured bond for Jimenez’s release, which Holmes argued was tantamount to no bond after the defendant was incarcerated and unable to generate any income to pay the bond.

Finger granted Jimenez a $100,000 unsecured bond, meaning he does not have to put up the money, but will be liable for it if he misses any future court dates. In issuing his decision, which resulted in Jimenez’s release, Finger questioned whether the state had a strong case for second-degree murder as only one juror voted in favor of conviction.

“The court does find that there has been a significant change in circumstances,” Finger said. “The split indicates the case might not be as strong.”

Gonzalez argued that based on Jimenez’s criminal history – a 2018 probation violation in an unrelated case and another unrelated embezzlement conviction in 2019 – the defendant was still “a danger to the community.”

“I don’t think the history of Mr. Jimenez has changed, nor the facts of the case,” she said. “I believe Mr. Jimenez is still a danger to the community. The state feels there is still a need for pretrial detention.”