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Furlough, uh oh: Inmate accused of more crimes after release

LA JUNTA, Colo. - A Colorado judge is taking heat for furloughing a criminal who had a history of convictions and arrests - and running from authorities – and who police say committed additional felonies after he was set free.

CBS Denver reported that Otero County Chief Judge Mark MacDonnell was about to sentence Johnny Ray Nunez after he had already escaped and eluded the law for months, when Nunez asked the judge for a few-hour release to visit his family.

The judge went along, and Nunez, with a rap sheet - according to state records -  that included convictions for assault and obstructing police, plus arrests for burglary and menacing, took off yet again.

He was on the lam for eight more months.

 

 “He got the furlough and took off on us,” said Otero County District Attorney Jim Bullock.

“He made the request for several hours to have the opportunity to take care of business and say goodbye to his family. We certainly objected given the history of the case,” said Bullock. “I understand what the judge was trying to accomplish but Nunez was not a good candidate for the furlough.”

Nunez, 30, never returned from the furlough, disappearing into the community.

 “Law enforcement was very disappointed,” said Bullock. “I know they were not happy with the furlough.”

The sheriff’s office and police departments throughout Otero County spent time and resources hunting for Nunez, month after month, but never found him. According to CBS Denver, seven months after he was furloughed, while still on the run, authorities charge Nunez broke the law again and charged him with felony menacing.

Finally, in December 2013, eight months after he asked for those few hours with his family, police in La Junta apprehended Nunez and jailed him yet again.

CBS Denver says Judge MacDonnell did not return its calls seeking comment on why he granted the long-time criminal a furlough.

“He is unable under ethical cannons to comment on a live case,” said Jon Sarche, public information coordinator for the Colorado Judicial Branch.

Across Colorado, judges occasionally grant furloughs for medical reasons, funerals and extreme personal circumstances for inmates, like visiting a dying relative. 

Boulder County District Attorney Stan Garnett said furloughs have their place.

“If somebody is being held on a relatively minor charge and they need to do something that will help maintain their family relationships or help them in a personal way, that may actually be beneficial.”

But the veteran prosecutor says furlough requests need to be carefully evaluated.

“The downside to these furloughs from a district attorney’s perspective is you are dealing with people who may be dangerous and who are in custody for a reason and they are wanting to not be in custody for a while.”

In Otero County, prosecutor Bullock believes the Nunez case will cause judges to be more careful about granting furloughs.

“I think the judge is going to take a harder and closer look in the future,” said Bullock.

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