Man accused in gun incident drunk at hearing

A Tucumcari man accused of drunkenly pointing a gun at a teenage boy without provocation last spring found himself in more trouble last week when he showed up drunk at a court hearing regarding his case.

Matthew Hart, 38, was charged in April with abuse of a child (first offense; placed in a dangerous situation) and negligent use of a deadly weapon while under the influence of an intoxicant or narcotic. The child-abuse charge is a third-degree felony that can lead up to three years in prison and a $5,000 fine. The negligence charge is a petty misdemeanor.

During a status hearing Jan. 26 by videoconference in Tucumcari district court about Hart’s case, public defender Anna Aragon told District Judge Albert Mitchell Jr. she was looking at taking the case to trial and that Hart, who was under house arrest, had employment prospects in California.

Mitchell expressed skepticism Hart was clear-headed during the hearing.

“I am having concern of his sobriety right now,” he said.

Mitchell said he would take a short recess so local law enforcement could go to Hart’s home and check his sobriety.

“I want to make sure you are fully a part of this hearing,” Mitchell said.

Back in open court, assistant prosecutor Thomas Blakeney told the judge that Hart was taken the Tucumcari Police Department, where his blood-alcohol was measured at 0.19 — more than twice the legal level.

With that, Mitchell said he would issue a bench warrant for Hart’s arrest for failing to comply with the conditions of his release and that no bond would be set. The warrant was issued several hours after the hearing, according to online court documents.

Hart was detained at the Quay County Detention Center and remained in custody there Monday morning.

Hart has another status hearing scheduled for Feb. 23. Aragon could not be reached for comment.

According to the original complaint filed in magistrate court by Tucumcari Police Cpl. Herman Martinez, officers were sent April 26 to the 500 block of Laughlin Avenue to check on a report about a man pulling a gun on a 14-year-old boy.

A man said his teenage son was playing in the backyard, and Hart pulled a gun on the boy even though he was doing nothing at the time.

Hart told the officer he heard a noise in his backyard. Fearing it was a pitbull dog, he drew his .22-caliber pistol and pointed it in the direction of the child. Hart said he didn’t see or hear a dog. He showed officers the pistol, which was loaded with no bullet in the chamber.

At the police station, Hart was taken to a holding cell. Martinez said he could smell alcohol and asked Hart whether he had been drinking. Hart replied: “More than any man can handle.”

When asked how much he’d drunk, Hart said he’d consumed six shots of Everclear and three shots of Jack Daniel’s whiskey.

Hart refused to take a breath test, saying: “I already told you how much I had to drink, and I’m not going to take your test; you’re wasting your time.”

Hart was released on a $5,000 security bond two days later amid several other conditions, including that he not possess firearms, not consume alcohol or illegal drugs, submit to drug and alcohol testing and avoid contact with the alleged victim.