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Rape charges dismissed; Man freed from jail, then deported


Rape charges against a Hispanic man who spoke little English were thrown out Thursday after several problems with the prosecution’s case and investigation arose in a magistrate court hearing.

Chief Magistrate Judge Allen Wigington ruled that Benjamin Chavez, 56, should be released due to lack of probable cause. Wigington said from the bench that probable cause is a very low threshold to meet, but in this case they had failed. Probable cause is based on a what a reasonable person would consider ample proof that a crime had occurred. 

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pinto colvig
+4 #1 pinto colvig 2017-12-11 17:46
Why the heck is a magistrate judge able to make such a determination?? ?? Magistrate court is for small claims (private damages up to $15,000) whereas rape is a felony! Looks like Judge Allen has overstepped his bounds and qualifications

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