Serving the High Plains
A Tucumcari man faces up to 12 years in prison in a plea deal for home burglaries that occurred early last year just days after he was released from the county jail on drug- and stolen-property charges.
Donnie Lucero, 55, whose first name was listed as Donie in earlier court filings, was convicted March 25 in Tucumcari district court of two counts of residential burglary, two counts of possession of burglary tools and one count of criminal trespassing.
Charges of two counts of larceny, criminal damage to property and possession of a firearm by a felon were dismissed in the plea deal, according to online court documents. Other charges from a third criminal case that included felony possession of a narcotic drug, receiving stolen property, possession of a firearm by a felon and possession of drug paraphernalia also would be dismissed in the deal.
Formal sentencing likely will be in early May, 10th Judicial Circuit court CEO Marion Payton said. A date had not been set.
The plea agreement states Lucero’s prison time could be capped at seven years during his initial incarceration on two criminal cases stemming from the break-ins. He also faces up to five years of probation after his release. He also will be considered a habitual offender by the court.
Lucero was released from custody March 25 on a medical furlough because he has diabetes and a blood-circulation disorder. His attorney, Brett Phelps of Las Vegas, said Lucero is considered at high risk for contracting coronavirus because of his ailments and age. Prosecutors did not object to the furlough. Lucero is required to follow several conditions to stay out of jail until his sentencing, including not consuming illegal drugs or alcohol, possessing firearms or dangerous weapons, notify the court of any address change and submit to drug tests.
Judge Albert Mitchell Jr. instructed Lucero to stay at home “unless you have a job.”
Lucero was required to submit a DNA sample and a $100 fee to the New Mexico Department of Corrections. He also must make a $100 donation to the Quay County Domestic Violence Program and pay restitution and fees.
According to one of the criminal complaints, Lucero broke into a house in the 500 block of West Aber Street in Tucumcari with a claw hammer and stole an internet modem.
A social-media post by the Quay County Sheriff’s Department elaborated on Lucero’s arrest after his Jan. 30, 2019, release from the county jail.“ ... On February 2nd and 3rd he was seen burglarizing another home two different times,” the post stated. “On February 5, 2019, the Quay County Sheriff’s Office received a call of a burglary in the 500 block of West Aber Street in Tucumcari. After reviewing surveillance video in the home, deputies were able to identify the suspect as Donie Lucero. An arrest warrant was issued for Mr. Lucero and deputies located him this same day and made an arrest.”
According to another complaint filed Jan. 25, 2019, Lucero was arrested on drug- and stolen-property charges. The arrest followed a search warrant by law-enforcement agencies at two homes in the 600 block of West High Street in Tucumcari. Lucero was released from the jail by court order five days later.
Quay County Sheriff Russell Shafer confirmed some of the recovered items found during the search were stolen from a residence in the 1200 block of South Second Street in early December.