Third Judicial District Judge Douglas Driggers, pictured here in 2018, released from custody a man allegedly involved in a shooting during a pretrial detention hearing Feb. 25, 2022.
Third Judicial District Judge Douglas Driggers, pictured here in 2018, released from custody a man allegedly involved in a shooting during a pretrial detention hearing Feb. 25, 2022.

A judge dismissed a motion that would have held a man accused of shooting at a woman in jail.

The judge couldn't read the detective's name because he didn't show up to the hearing, so the motion was dismissed and Leavy was set to be released from jail.

Two men are accused of shooting at a woman near Foster Road. Leavy and Dominic Gallegos were arrested on Tuesday and charged with shooting at or from a motor vehicle and resisting arrest.

According to an affidavit written by Las Cruces Police Detective Kenneth Davis, police responded to the 800 block of Foster Road after residents reported hearing gunfire. Davis stated in the affidavit that police found a vehicle with two people inside.

When officers went to approach the vehicle, a black sedan, the car fled towards Montana Avenue, according to Davis. The chase ended when Leavy and Gallegos hit a dead end. Leavy is believed to be the driver of the vehicle, according to the affidavit.

Davis said that police found a 9mm handgun in the vehicle and on the road.

The affidavit was not presented in court on Friday. 3rd Judicial Judge Douglas Driggers accepted Leavy's attorney's request to dismiss the motion after the case was called up.

Driggers said that there was no evidence presented after looking over the prosecutor's motion.

It is not clear why Driggers was not able to read Davis name. The name of Davis is printed underneath his signature in the motion for pretrial detention. The criminal complaint has it printed as well.

The paper of record is Gannett.

The embedded content can be found at: http://www.gannett-cdn.com/presto/2022/02/25/PNM2/72fd5340-1df5-40a5-b57b-cdb74ee9766d-Davis_who.

The statement of facts on Paul Leavy's case contains a screen grab from the affidavit.

Sometimes detectives testify for the pre-detention hearings. Their testimony is similar to the affidavit and gives defense attorneys an opportunity to cross-examine them.

Leavy was ordered to be released from the Ana County Detention Center. He wasn't given a bond. The other man accused in the shooting is in jail awaiting a hearing next week.

A public safety reporter for the Las Cruces Sun- News. He can be reached by email at jeGarcia@lcsun-news.com.

Others are reading.

The man accused in Las Cruces shooting was released as the judge took issue with the absent detective.

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