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The man accused of killing a woman at the Imperial Sky Motel on Dec. 6 now faces federal charges after Border Patrol agents said he was caretaking a group of migrants lodged at the motel.
The new charges, filed on Dec. 12, allege that Alan Leyva-Vasquez, 22, was "feeding and taking care of" at least six migrants and crossed into the U.S. illegally himself about a month ago, before he drove an SUV into an apartment at the Motel and killed 55-year-old Kari Scholin.
The federal affidavit did not indicate how Leyva-Vasquez knew the migrants or if the situation involved any organized criminal enterprise.
Border Patrol detained all six migrants, court records show.
Leyva-Vasquez told police that three armed men were pursuing him before fleeing to his car. He also told police that he planned to pursue a second vehicle before unintentionally putting the car in reverse and backing into Scholin's apartment.
Leyva-Vasquez remained at the scene and cooperated with police, although a news release said he initially told police he tried to hit the brakes before crashing into the building.
On Dec. 12, state District Judge Richard Jacquez rejected state prosecutors' argument that Leyva-Vasquez should be held without bond. Jacquez agreed with prosecutors that Leyva-Vasquez was dangerous but said prosecutors presented no evidence that Leyva-Vasquez would not abide by a set of conditions of release.
New Mexico law requires prosecutors to prove to a judge that a defendant is both dangerous and that no conditions of release can protect the community from holding the defendant in jail without bond.
Instead, Jacquez issued a $5,000 secure bond, which means Leyva-Vasquez must pay the full bond before he can leave jail.
However, with his new federal charges, Leyva-Vasquez will likely face a second attempt by prosecutors to hold him in jail via the stricter federal process. He was scheduled for a first appearance hearing in federal court on Dec. 13.
