ALAMOSA — A sentencing for Naomi Olguin had to be rescheduled again, and this time the defendant will be kept under strict supervision until she is sentenced for her part in the 2016 Floyd Dale McBride murder case.
Olguin was scheduled for sentencing last week, but she did not appear, which caused some concern about her welfare and forced a continuation of the sentencing hearing.
She subsequently surrendered to police on a warrant issued by District Judge Patrick Hayes, who inherited Olguin’s case from District Judge Michael Gonzales. Hayes rescheduled Olguin’s sentencing for Thursday, August 31, but the district attorney’s office did not receive notice of the hearing so was unable to give the required notice to the victim’s family, which forced another sentencing continuation.
“I am not pleased about it, but I can’t fault anybody under the circumstances, and the victims do have the right to be informed,” Judge Hayes said.
Judge Hayes rescheduled the sentencing for September 25.
Olguin’s attorney Janet Kinniry told the judge her client did not have a good reason for missing her previously scheduled sentencing on August 24. She said her client apparently passed out and did not wake up in time for the sentencing. Kinniry said Olguin had made her prior court appointments before, so she asked that Olguin’s $60,000 bond be reduced.
“Obviously this case is very significant and very important,” said Assistant District Attorney Ashley McCuaig. As such, he said if a significant bond reduction was granted, and he was not strongly opposed to that, he would recommend pretrial tracking be imposed as a condition of Olguin’s release from custody.
Hayes said Olguin’s absence from her sentencing hearing the week before gave him some concern, but it made sense to him to put her on some supervision between now and the new sentencing date. He permitted her release on pretrial tracking and ordered UA’s (urinalysis) as a condition. If she fails any of her UA’s, she will be taken into custody again, the judge stressed.
Kinniry asked for some latitude on the first UA to provide for any residual effects in Olguin’s system since she had gone into custody six days prior.
“That sounds reasonable to me,” Judge Hayes said, adding, “I don’t want her out there using.”
To Olguin, the judge said, “If you were, you need to stop.”