Former chief enters no plea

STAFF REPORT

A case of eight felony counts, including allegations of sexual penetration in commission of a felony against the former Tucumcari Fire Chief, was bound over Monday to district court.

Shane Warner, 41, appeared before Quay County Magistrate Judge TJ O’Quinn represented by Attorney Daniel Lindsey of Clovis. Lindsey was not immediately available for comment on the case.

Judge O’Quinn bound the case over to the 10th Judicial District Court.

Warner is also charged with two counts of intent to distribute controlled substances, three counts of tampering with evidence, one count of extortion and one count of embezzling more than $2,500 but less than $20,000.

Warner entered no plea on all charges.

Warner was arrested Oct. 4 and jailed in the Curry County Detention Center but was released on Oct. 5, on an $10,000 bond according to court officials.

The 10th Judicial District Attorney Tim Rose has declined to comment on Warner's case.

Warner could not immediately be reached for comment.

Charges were filed against Warner on Oct. 2 in Quay County Magistrate Court and an arrest warrant was issued.

The charges against Warner stem from events alleged on March 6.

A woman said she was working at Tucumcari's main fire station and felt ill.

According to a statement from New Mexico State Police Agent Gerardo Hernandez:

• Warner administered Phenergan, a prescription drug used to control nausea and vomiting, to the woman. Then he administered what he called vitamins with a syringe. The woman said Warner would regularly administer anti-nausea drugs to employees who were not feeling well.

• The woman said she then passed out. Warner and the woman's mother said Warner drove the ill woman home and both helped her into the house.

• The next day, the woman visited Arise Medical in Clovis and had a sexual assault exam conducted. Urinalysis test results from the state's forensic laboratory later indicated the presence of Lorazepam/Ativan, a Schedule IV controlled substance, which may be habit-forming, according to the website drugs.com.

• State police obtained a search warrant for Warner's cell phones on March 17. When police were interviewing Warner during an attempt to retrieve the cell phone, Warner denied having the phone. During the interview, however, Warner's cell phone rang. Warner then surrendered the phone.

• Warner told police in that interview that he had administered Phenergan to the woman and drove her home only after failing to reach her mother by phone.

• Further investigation indicated that Warner had stopped giving ambulance employees $10 per-diem payments despite receiving $200 a month from city petty cash funds for that purpose.

• City employees said Warner improperly drove a city vehicle and paid for gasoline with a city credit card for a trip to Lubbock that Warner had said was for personal reasons.

• The city received a bill for $855 for a new roof on a fifth-wheel camper trailer, though the city does not own a camper trailer.

• Warner may have improperly disposed of expired drugs, including Lorazpam, which were later recovered from the Dan C. Trigg Memorial Hospital.

Warner is scheduled for a preliminary examination 1:30 p.m. Oct. 31 in Quay County Magistrate Court before O'Quinn.

Warner was dismissed from the fire chief's position on March 19. City Manager Jared Langenegger gave no reason for Warner's dismissal.

He was hired as Tucumcari's fire chief on Jan. 27, 2015.

Warner had previously spent 14 years as a professional firefighter in Clovis and three years as a volunteer firefighter. He had just begun a transition to administrative duties as a lieutenant in Clovis after serving as a supervisor.

Correspondent Steve Hansen contributed to this report.