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Officer's domestic violence case thrown out
Witness doesn't show up to trial; sergeant could be back to work soon

Jason Auslander | The New Mexican
Posted: Friday, November 13, 2009
- 11/14/09
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A Santa Fe police officer on leave since May after drawing his third domestic violence charge in five years hopes to be back to work soon, his lawyer said Friday, after the latest case against him was dismissed this week.

"He wants to go back to work," lawyer David Foster said of Sgt. Michael LeBlanc. "It's just a question of when the department addresses the issue."

An Albuquerque Metropolitan Court judge dismissed a domestic violence charge against LeBlanc on Thursday when a witness didn't show up for trial, Foster said. Only one of two witnesses — both police officers — were present for trial and the state needed both to proceed, he said, so the judge dismissed the charge of assault on a household member.

The department's internal investigation into the incident should be completed soon, now that the criminal case is over, Police Chief Aric Wheeler said Friday. He declined to comment further.

LeBlanc has been on administrative leave with pay since June.

The May incident marked the third time LeBlanc — who most recently headed the department's property crimes unit — has been charged with domestic violence since 2004. He entered the Metro Court's Domestic Violence Early Intervention Program in February 2008 after he was charged with misdemeanor battery on a household member for allegedly punching his estranged wife in the arm and thigh during an argument.

He successfully completed the year-long program, after which the charges were dismissed, according to online Metro Court records.

The victim in the latest incident was LeBlanc's mother, who called 911 and reported that her son acted aggressively toward her during an argument, according to court documents. LeBlanc later admitted to kicking a cup of soda in his mother's direction, according to a police report.

Foster said LeBlanc's mother made the 911 call, but then changed her mind. Police nonetheless sent officers to the home, he said. The officer's mother was not cooperative with prosecutors, and "she did not think he should have been arrested," Foster said.

"It shouldn't have gotten this far," he said. "It was not a criminal offense."

LeBlanc was charged with battery on a household member in 2004 in Rio Rancho, when he allegedly refused to return his older daughter to her mother because he felt she wasn't providing an appropriate home environment, according to a police report. He allegedly used an "arm bar" — also known as a "law enforcement escort technique" — to escort her from his property, the report says.

He received a deferred sentenced for the 2004 charge, and the charges were dismissed six months later, according to court records.

Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.


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Comments (8)
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Truett Collins   (posted on 11/14/2009)
Charges and accusations....no convictions/proof.....
David M   (posted on 11/14/2009)
Oh shoot, I forgot to read the article, what was it about?
Truett Collins   (posted on 11/14/2009)
I would like to know if any of you really read the article?
David M   (posted on 11/14/2009)
I'm glad that David Foster found meaningfull work after being let go by our DA, even after being named procecutor of the year in NM.
Ambro A   (posted on 11/14/2009)
He`ll do it again. This time he`ll probably kill someone. See how corruption works!
CB Kay   (posted on 11/14/2009)
Hah! If he acts aggresively towards his mother how is he going to act towards citizens he pulls over? He will get his job back. He's on leave with pay which generally means pending an investigation and sadly the charges have been dropped.
Phillip Vigil   (posted on 11/13/2009)
It a shame that a police officer would not show up to court to do his duty. So the other officer get off on a technacality. I hope he is not rehire again. This type of person does not belong on the force.
Sarah Sandoval   (posted on 11/13/2009)
What a complete shame! Why has this officer been allowed to even stay on the police department? Its pretty dang bad when you own mother calls the police on you for domestic violence. Did you relly expect his mother to testify against him in court?? Fire that abuser!!


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