Attorney general challenges judge over handling of teacher’s sex crime case
LAS CRUCES, N.M. — New Mexico Attorney General Raúl Torrez believes a judge broke the law in a recent child sex crime case. It’s a story 4 Investigates uncovered last week.
Former Las Cruces high school teacher Patrick Howard admitted to sexually touching a student and that judge released him from probation two years early.
On top of Howard’s probation being discharged early – too early, according to state law – his victims were never notified. That’s another violation of state law.
The actual hearing to close out his criminal case lasted about two minutes. Now, the state’s attorney general is making a plea to the state Supreme Court to step in.
Howard was a teacher and a trusted Future Farmers of America advisor in Las Cruces during the time he admitted to sexually touching multiple female students. In 2021 he took a plea deal – he was to serve no less than five years supervised sex offender probation.
Last week, 4 Investigates reported just how unusual his conditions of probation were. He was allowed to drink, carry guns, and even allowed to attend sporting events where his victims went to school.
The final straw was when Howard was discharged without notifying the victims.
“Based on our review of the available record, it doesn’t appear to us that the district court complied with the constitutional protections set forth and guaranteed under law,” Torrez said.
Torrez is petitioning the New Mexico Supreme Court to act on this violation, naming 3rd Judicial District Court Judge Douglas Driggers. There are a couple possible outcomes if that writ is granted.
It could mean that the final hearing in this case – held without victim notification – is null and void, meaning the defendant would go back on probation.
Another option is that the judge would set a new hearing with the victims included.
The attorney general says the evidence is clear and the law is clear. He believes the district court fell short in this case and he’s hoping for a favorable outcome.
Torrez says his choice to step in is about protecting the rights of crime victims across the state.
As for this case, the victim KOB 4 spoke to wants Howard back on probation.
KOB 4 reached out to Judge Driggers. His assistant told us the U.S. Judicial Code of Conduct prevents him from commenting on ongoing criminal matters.
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