Woman accused of assault, battery

A Tucumcari woman was jailed last week following a seven-count complaint, including three felonies, where she was accused of kicking two police officers and an emergency-room technician.

Maria Eleana Apodaca, 35, was booked on two counts of battery upon a police officer, battery on a healthcare worker, assault on a healthcare worker, assault upon a peace officer via threat or menacing conduct, resisting, evading or obstructing an officer and disorderly conduct.

The counts of battery on a peace officer and battery on a healthcare worker are fourth-degree felonies that can lead up to 18 months in prison and up to a $5,000 fine. All the other counts were misdemeanors or petty misdemeanors.

According to a complaint filed Wednesday in Tucumcari magistrate court by Tucumcari police office Abel Cullum, police dispatch received a call late July 2 about a woman walking down South Fifth Street throwing things. Cullum said he met up with the woman, whom he recognized as Apodaca, walking barefoot on the street.

Cullum stated in the complaint he saw Apodaca swaying from side to side and could detect she’d recently drank alcohol. Apodaca began to walk away from him and fellow officer Max Farren and nearly fell into the front yard of a residence. Cullum told her to stop because he was investigating a possible crime; she began yelling and denied she had committed a crime. Cullum warned her if she didn’t stop yelling, she would be arrested for disorderly conduct.

Cullum stated he performed an eye test on Apodaca, who showed signs of intoxication. Because she said she didn’t know where she was walking to, Cullum decided to detain her into the county’s detoxification unit for her safety.

When Apodaca was informed she wouldn’t be charged but taken into detox, she yelled and cursed at the officers, tried to pull away and refused to comply with at least one instruction. They arrested her for disorderly conduct but did not place her in hand restraints because she said she’d broken an arm two weeks before.

After Cullum called an ambulance to check on her, Apodaca sat in the passenger seat of his patrol car and started kicking its window. She kicked Cullum in the leg once and kicked Farren twice as his back was turned.

After the ambulance arrived, “Officer Farren and I attempted to assist Maria up ... and onto the gurney. Maria continued to yell and fight with officers. She again kicked at officer Farren. … I walked Maria in the escort position toward the gurney and she kicked back at me and connected with her heel in my groin area. The strike took my breath away momentarily. I placed Maria in the gurney and secured straps across her body to hold her down prior to stepping aside to catch my breath.”

At Trigg Memorial Hospital, Apodaca’s former boyfriend told Cullum she had been drinking and said she had recently broken her arm.

In the emergency room, Apodaca kicked a female emergency-room technician in the face and chest. She cursed and yelled names at the medical staff and officers.

“Maria said she did not care if she took a felony charge; she wanted to sock (the ER technician) in the f---ing face,” Cullum wrote. “Maria made several attempts to get out of the bed and attack officer Farren and the medical staff.”

An emergency-room doctor confirmed Apodaca recently had broken her right arm. The officers obtained restraints that would reduce pressure on her arm but keep her from attacking them and medical staff. After the restraints were placed on her hands and ankles, “Maria was still making verbal threats and made attempts to attack the medical staff.”

After Apodaca was discharged from the hospital, officers booked her into the Quay County Detention Center. Magistrate Judge Timothy O’Quinn found probable cause in the case Wednesday morning and ordered her held without bond.

No lawyer for Apodaca was listed in online court records.