How Could You? Hall of Shame-John Mayes UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Farmington, New Mexico, John Mayes,  17-year-old Ukrainian adoptee has “been charged with first degree murder, aggravated robbery and other charges in the death of Dr. James Nordstrom, whose body was found behind his home on Friday [June 10, 2011].”

KOB TV reports that “[a]ccording to an affidavit that was filed with the arrest warrant, Mayes told police he was running away from home Thursday night when he saw the man’s secluded house and went in. He told police he hid in a bedroom at the house while the occupant watched television, then struck him about eight times with the thick end of a pool cue when he came into the bedroom.

The youth told police he wrapped the body in a rug, tried to clean up, then watched television and ate a tomato. Then he left the house and slept in the victim’s truck for about four hours before returning to the residence and trying to bury the body. When he got tired of digging, the warrant says, the teen told police he dragged the body to a wood pile.”

Albuquerque Journal reports that “[h]e then left the house for a few hours in Nordstrom’s truck, but returned about 4 a.m. Police told the newspaper that Mayes tried unsuccessfully to clean up the scene and move Nordstrom’s body by wrapping it in a rug. The body kept falling out of the rug, The Daily Times said Mayes told police, so he used a suitcase with rollers to move the body outside…The Daily Times said Mayes took $230 from Nordstrom’s wallet and used his credit card to purchase a computer, an iPod and songs downloaded from iTunes.”

“Mayes is the son of City Manager Rob Mayes. Officials at Mayes’ office on Monday said they did not have any information about who the teen’s defense attorney would be.”

“John “hid his body in a wood pile, then went to Burger King and shopped with the doctor’s credit card, according to authorities.”

KOB TV reports that “[t]hen deputies said he stole Nordstrom’s truck and credit card and racked up more than $3,000 in charges….The judge decided to keep Mayes in custody because he is still considered a threat to himself and the community. There is a possibility the teenager will be tried as an adult.”

“Mayes’ family released a statement to the Farmington Times over the weekend, saying there “are no words that could possibly express our grief, sorrow, and remorse to the family and loved ones of Dr. Nordstrom. We could never have imagined, 12 years ago, when we left a Ukrainian orphanage hoping to provide a new life for a 5-year-old little boy, that such tragic events, bringing unspeakable pain to so many, could have occurred. We could never condone or excuse these actions; however, we will always love John and he remains our son. We continue to fully cooperate with the investigation and adjudication of this matter to its fullest.”

The newspaper reported the youth had a previous run-in with the law.

On Sept. 4 and 5, 2010, Mayes broke into several businesses and residences in a two-day crime spree, according to police records. Charges were dismissed when Mayes was accepted at the New Mexico Military Institute in Roswell.

Upon his release from the military institute this summer, Mayes’ family, in an effort to secure intensive residential treatment in a structured therapeutic environment, decided to send the teen to the New Mexico Boys Ranch in Belen, a family spokesman told the newspapers. He was on break from the New Mexico Boys Ranch this past week and was due to return next week.”

KASA reports that “The family did not appear at their son’s first court hearing, according to the Daily Times in Farmington. ”
Farmington teen goes before a judge for murder charges
[KOB 6/13/11 by Liz Lastra]

Son of city manager charged with murder
[KASA 6/13/11 by Associated Press]

UPDATED: Son of Farmington City Manager Charged in Death of Doctor
[Albuquerque Journal 6/13/11 by Associated Press]

New info released on accused teen
[KASA 6/19/11]

Update: “Rob Mayes is on leave from his work at the city, where he earns a salary of about $119,000. However, the family did not appear at their son’s first court hearing, according to The Daily Times in Farmington. The family has requested a public defender to represent their son, although they will likely be expected to pay a $15,000 fee for the legal representation intended for lowincome individuals. When John Mayes went on his first crime spree in September, the family had reported him as a runaway and sought help from police to locate him. After he was caught, Mayes was charged with seven felony crimes, but the charges were dropped when his family enrolled him at New Mexico Military Institute in Roswell in January, according to the District Attorney’s Office in San Juan County. He left the school in March, before the end of the semester, according to a NMMI spokesman who declined to comment in detail, citing student privacy laws. Mayes also attended a partial term at the school between 2009 and 2010. Although Mayes was missing the night Nordstrom was killed, no missing person request was filed, Farmington Police Chief Kyle Westall said. The family assumed Mayes was with a friend and tried to find him on their own, Westall said. Nordstrom’s friends and family say they don’t hold the Mayes family accountable for their son’s alleged violent act. The victim’s brother, David, expressed compassion for a youth who could be capable of such a crime. “I hate his guts and I’d like to see him fry, but I have a lot of compassion toward him,” David Nordstrom said. “To do that to a human being for no reason, you’ve got to be hurting.”

Family Offered Orphan From Ukraine New Life
[Albuquerque Journal 6/19/11 by James Monteleone]

Update 2: “A Farmington teenager charged with killing a local doctor testified in court Thursday he beat the man to death with a pool cue because the doctor made sexual advances.
Seventeen-year-old John Mayes is charged with an open count of first-degree murder after he allegedly entered the home of Dr. James Nordstrom and beat him to death before burying his body in a pile of wood June 9.

Mayes, the son of Farmington City Manager Rob Mayes, pleaded not guilty to the charges June 13 during an initial court appearance.

The Daily Times reports District Judge William Birdsall found Thursday there was enough evidence to proceed to trial on all the charges.

Mayes’ defense team says they allowed their client to testify because they believe it was important to tell his side of the story.”

UPDATED: Farmington Teen Charged With Killing Doctor Testifies
[Albuquerque Journal 8/26/11 by The Associated Press]

“The lawyers of a Four Corners city manager’s son accused of murder want another district attorney assigned to the case.

John Mayes has been in jail since June, charged with murdering Dr. James Nordstrom.

John is the adopted son of Farmington city manager Rob Mayes.

The motion stated that San Juan County District Attorney, Rick Tedrow, harassed the city manager when he visited him at work to discuss the case.

The court documents also state another attorney, who works for the district attorney, was involved with Mayes’ adoption years ago and represents a conflict of interest.”

Defense team of Farmington murder suspect pleas for new DA
[KOB 12/12/11 by Liz Lastra]

“Attorneys for accused murderer John Mayes, citing harassment, conflict of interest, improper bias and prejudice, filed a motion to disqualify the District Attorney’s Office from prosecuting the case.
Mayes, 18, who is the son of City Manager Rob Mayes, stands accused of killing Dr. James Nordstrom with a pool cue in Nordstrom’s North Foothills home during a June 9 incident.

He is charged with an open count of murder in the first degree, second-degree felony aggravated burglary, third-degree felony tampering with evidence, fourth-degree felony unlawful taking of a motor vehicle and third-degree felony fraudulent use of a credit card.

In a motion filed Monday, the defense asserts the District Attorney’s Office has demonstrated an overzealous prosecution of Mayes motivated by the district attorney’s political aspirations. That overly ambitious prosecution is being conducted amid a conflict of interest that raises ethical questions about the office.

Defense Attorney Jeffrey Buckels contends that District Attorney Rick Tedrow harassed Rob Mayes when he showed up unannounced Aug. 16 to the city manager’s office to discuss the case.

In that meeting, Tedrow plays on the elder Mayes’ sympathies by discussing that his job as an elected official “could hinge on the successful prosecution of Mr. Mayes’ son,” according to the motion.

Additionally, Buckels asserts that Tedrow slandered co-defense attorney Stephen Taylor by stating that Taylor is “the defenses for his clients.”

The younger Mayes testified that he was provoked by a sexual assault committed by Nordstrom while the two were playing pool. That testimony contradicted statements that he made to detectives after the murder.

Tedrow disputes the allegations made in the motion as to the nature and the content of that conversation, Chief Deputy District Attorney Dustin O’Brien said.

Tedrow, who was attending the same meeting as Mayes, stopped by as he customarily does, O’Brien said.

“We believe that the defense is relying on mistaken facts to make their assertions,” O’Brien said of the motion. “The things they are alleging, we don’t believe are supported by any evidence.”

Buckels also believes it is a conflict of interest for the office to prosecute the case because Chief Deputy District Attorney Sarah Weaver previously represented the Mayes in connection with the adoption of John from the Ukraine.

Additionally, Buckels questions the “unprecedented fixation” that he believes the District Attorney’s Office has in regards to where Mayes remains incarcerated.

“The question of where Mr. Mayes should be housed is not their responsibility,” Buckels said. “It is the responsibility of the detention center. The decision the detention center made to keep him there is in accordance with the law. They knew it was in accordance with the law when they made a big fight about it.”

Buckels acknowledged in a phone interview Monday night that the push to have Mayes moved to the adult facility was prompted by the Sheriff’s Office, but he contends it was a fight backed by prosecutors. That push constituted harassment on the part of the District Attorney’s Office.

On Oct. 25, District Judge William Birdsall denied a motion filed by the prosecution to have Mayes housed at the adult facility.

“It is a legitimate concern despite what the defense might think that we have a potentially dangerous individual who is an adult, housed with juveniles,” O’Brien said. “We brought that to the court’s attention and the judge made a decision and that’s the end of it.”

The issue of disqualification was first presented to Tedrow by fax in October, according to the motion.

The defense believed that the District Attorney’s Office was considering stepping down.

O’Brien said there is no reason for the District Attorney’s Office to remove itself from the case.

“It seems to me to be a side show to delay the case or cost the state more money,” O’Brien said. “Our goal is to see the case prosecuted.”

Should the office be disqualified, another district attorney’s office in another jurisdiction would be assigned to prosecute the case. That could cost the state.

“It would be difficult for another district attorney’s office to gear up and prosecute the case,” O’Brien said. “In addition it would be more costly to the state since it would require a significant amount of travel for another district attorney’s office to attend hearings, to investigate the case and to prepare. It puts the state in a position where it delays the outcome and it costs the state more money.”

The District Attorney is expected to file a response and the issue likely will be decided in court.”

Motion filed to disqualify DA from Mayes’ case
[The Farmington Daily-Times 12/13/11 by Elizabeth Piazza]

“In a motion filed Monday, the defense representing John Mayes, 18, cite harassment, conflict of interest, improper bias and prejudice in a move to disqualify the San Juan District Attorney’s Office from prosecuting Mayes.

Mayes, the son of Farmington City Manager Rob Mayes, was arrested on suspicion of killing Dr. James Nordstrom with a pool cue in Nordstrom’s North Foothills home June 9. Mayes is charged with an open count of murder in the first degree, unlawful taking of a motor vehicle and third-degree felony fraudulent use of a credit card.

In the motion, the defense asserts the district attorney’s office has demonstrated an overzealous prosecution of Mayes motivated by the prosecutor’s political aspirations. That overly ambitious prosecution is being conducted amid a conflict of interest that raises ethical questions about the office, according to the motion.

Defense attorney Jeffrey Buckels contends that District Attorney Rick Tedrow harassed Rob Mayes when he showed up unannounced Aug. 16 to the city manager’s office to discuss the case.

In that meeting, Tedrow plays on the elder Mayes’ sympathies by discussing that his job as an elected official “could hinge on the successful prosecution of Mr. Mayes’ son,” according to the motion.

Additionally, Buckels asserts that Tedrow slandered co-defense attorney Stephen Taylor by stating that Taylor is “the type of lawyer who fabricates defenses for his clients.”

The younger Mayes testified that he was provoked by a sexual assault committed by Nordstrom while the two were playing pool. That testimony contradicted statements he made to detectives after the killing.”

Defense moves to oust DA from Farmington trial
[Los Cruces Sun-News 12/13/11 by The Associated Press]

REFORM Puzzle Piece

Update 3/August 17, 2013

“The trial for a man charged with killing a Farmington doctor will remain in San Juan County.

District Judge William Birdsall on Tuesday denied a request from John Mayes’ attorneys to move the trial to neighboring McKinley County.

The Farmington Daily Times quoted Birdsall as saying that he would assure the 18-year-old Mayes gets a fair trial.

Defense attorney Jeff Buckels had argued that a local jury would be biased because of intense media coverage of Dr. James Nordstrom’s death and Mayes’ arrest. Mayes is the son of Farmington City Manager Rob Mayes.

John Mayes faces a first-degree murder charge in the June 2011 death of Nordstrom. Authorities say he fatally beat Nordstrom with a pool cue in the doctor’s home.

A trial date hasn’t been set.”
UPDATED: Mayes Murder Trial To Stay in San Juan Co.

[Albuquerque Journal 7/25/12 by Associated Press]

“John Mayes will spend more than two years in jail before he is tried for murder in the death of a Farmington doctor.

His trial date was moved back last week so District Judge William Birdsall can rule on whether statements Mayes made to investigators can be used in court.

Mayes, 19, has been incarcerated since June 10, 2011 — the same day police found Dr. Jim Nordstrom’s body buried under a wood pile in his backyard on San Marcos Drive in Farmington’s Foothills neighborhood.

Birdsall said in a motion that Mayes’ trial, which had been set for early April, will start August 20.

Mayes, the son of Farmington City Manager Rob Mayes, was 17 years old at the time of his arrest and prosecutors must prove minors know they waived their constitutional rights to remain silent when they talk to police, Chief Deputy District Attorney Brent Capshaw said.

Mayes made five statements to investigators over two days following his arrest, according to a motion filed by Stephen Taylor and Jeffrey Buckels, Mayes’ attorneys.

The statements were starkly different from the story he told during his preliminary hearing.

When he was arrested, Mayes told investigators he snuck into Nordstrom’s house and hid in the doctor’s bedroom, armed with a pool cue, for more than an hour before he attacked Nordstrom. Mayes said he beat the doctor in the head eight times with the thick end of the stick before he tried to clean up the bloody mess and hide the body,according to the affidavit for his arrest.

During his preliminary hearing in August 2011, Mayes said he met Nordstrom, 55, while he washed his truck outside his home. Mayes asked if he could spend a night at the house and Nordstrom agreed.

Mayes said he ate and watched television with Nordstrom. He took a tour of the house. They shot pool.

Then the doctor allegedly tried to seduce Mayes, asking Mayes if he wanted to “try something new,” so Mayes beat him to death.

After Nordstrom was dead Mayes allegedly stole his truck and credit card and went shopping.

Capshaw said there will be a hearing to determine whether the story Mayes told after his arrest can be used at trial.

Mayes signed a waiver giving up his right to remain silent before police talked to him. The interviews were recorded, and investigators will testify during a hearing about their conversations with Mayes, Capshaw said.

Capshaw said it’s not unusual for several motions to be litigated before a complex murder case goes to trial.

“I’ve expressed some concern in court,” he said. “I wanted it said out loud the state has concerns with speedy trial issues.”

A defendant has a right to a speedy trial. Mayes has waived that right.

Though Nordstrom’s friends and family will wait more than two years for an outcome in the case, it’s important to resolve issues that could lead to appeals before trial, Capshaw said.

Mayes is charged with murder in the first degree, aggravated burglary, tampering with evidence, unlawful taking of a motor vehicle and fraudulent use of a credit card.

“It’s better to take your time and hopefully we’ll get it done right,” he said.

Mayes’ attorneys could not be reached for comment.”

Mayes won’t be tried until two years after doctor’s death

[Daily-Times 2/28/13 by Ryan Boetel]

“The trial for John Mayes, a 19-year-old charged with killing a Farmington doctor,is likelyto begin on August 20th. [2013]

Doctor James Nordstrom was found beaten to death in his backyard back in June of 2011.

Authorities say Mayes fatally beat Nordstrom with a pool cue.

He has pleaded not guilty to first-degree murder and other felonies in the death.

Mayes is the son of Farmington city manager , Rob Mayes.”

Trial date set in doctor’s murder case

[KRQE 7/22/13 by Elizabeth Alvarez]

“John Mayes’ trial will take place in Gallup, a judge decided Thursday, after more than half of the potential jury pool said they believe Mayes is guilty of first-degree murder.

District Judge William Birdsall granted Mayes’ attorneys’ motion for a change of venue on Thursday. The motion was filed Wednesday after potential jurors in the trial returned a questionnaire about their thoughts on the case.

In the survey, more than half of about 175 people who responded said they had already decided Mayes was guilty of killing Dr. James Nordstrom on June 9, 2011.

Mayes, the 19-year-old son of Farmington City Manager Rob Mayes, is charged with first-degree murder in the death of Nordstrom, who was beaten to death with a pool cue in his home in Farmington’s Foothills neighborhood.

Mayes’ trial had been scheduled to start Aug. 20. A new trial date was not set on Thursday.

Prosecutors wanted to try the case in Aztec, San Juan County Chief Deputy District Attorney Brent Capshaw said.

“I understand the court’s got to do what’s fair,” he said. “I think fairness to the victim and his family is to have the trial in the community where this tragedy happened.”

Stephen Taylor and Jeffrey Buckels, Mayes’ attorneys, said the highly publicized nature of the case warranted a change of venue for the trial. They said that the trial also should be moved because many of the potential jurors surveyed said they had conversations with friends and family about the case or had a personal relationship with Mayes’ family or Nordstrom.

“We weren’t surprised by the results. We’ve been on this case for awhile and know about the awareness of the case and familiarity with the parties involved and their families,” Buckels said. “Dr. Nordstrom was very well-known here, and everybody knows Rob Mayes. He’s the city manager, and everybody knows he’s John’s father, and I think those factors explain a lot of it. It’s just in the air here.”

Prosecutors have said Mayes broke into Nordstrom’s house, hid in bedroom and then beat him to death before stealing his credit cards and vehicle.

Mayes’ attorneys said in court documents they will argue that Nordstrom provoked Mayes with unwanted sexual advances, and Mayes acted in self-defense.”

John Mayes’ murder trial moved to Gallup

[Daily-Times 2/28/13 by Ryan Boetel]

Update 4/ September 1,2014:

“A jury in Gallup Monday morning found John Mayes guilty of murder in the second degree. The jury had deliberated for about eight hours on Friday and after two hours Monday, returned the verdict. State District Judge William Birdsall polled the jury and all agreed. Birdsall then said he wanted to meet with the jury.

“We still have more work to do,” Birdsall said.”

UPDATE: Jury finds Mayes guilty of murder in the second degree[Daily Times 11/25/13 by Ryan Boetel]

“A judge on Thursday declined to acquit John Mayes of his second-degree murder conviction, which a Gallup jury handed down in November after a two-week trial.

District Judge William Birdsall made his ruling during a hearing on Thursday afternoon. Birdsall said he will allow Mayes’ lawyers to appeal his decision to the New Mexico Court of Appeals before he moves forward with sentencing and amenability hearings for Mayes.

Mayes, the 20-year-old son of Farmington City Manager Rob Mayes, was convicted of murdering Dr. James Nordstrom in June 2011 at the doctor’s home in the Farmington Foothills neighborhood. Nordstrom was bludgeoned to death with a pool stick and buried under a wood pile on his own property.

Mayes’ attorneys filed a motion to acquit Mayes of the murder conviction — which carries a possible 15-year prison sentence — because of a procedural mishap the jury made when handing down its verdict, according to court documents.

The jury found Mayes not guilty of manslaughter before reaching a verdict on the charge of first- or second-degree murder. The jury was instructed to reach a verdict on the murder charges before considering manslaughter, according to court documents.

“Mr. Mayes’ acquittal of manslaughter, a lesser included offense of First and Second Degree Murder, bars a subsequent trial for either of the greater included in accordance with the principles of double jeopardy,” the motion filed on Mayes’ behalf states.

San Juan County Chief Deputy District Attorney Brent Capshaw said the jury had no intention of acquitting Mayes of the murder charges when they handed down the ruling on the manslaughter charge. The judge questioned the foreman after the verdict was read, and the foreman said jurors were still debating between first and second-degree murder.

“Someone’s not going to walk on a murder count on some technicality where we all know what happened, and we resolved it appropriately at the time,” Capshaw said.

Birdsall said it was clear to him the jury wasn’t trying to acquit Mayes of the murder charge when it returned the manslaughter verdict.

“The bottom line is, if I grant the defendant’s motion, then it will in effect, stand the jury’s intended verdict on its head,” Birdsall said. “I don’t think the law would support an absurdity of that sort. The motion is denied.”

Jeffrey Buckels, one of Mayes’ attorneys, said Mayes’ defense team will try to get Birdsall’s ruling heard before the Court of Appeals.

The appeals court can decide not to hear the appeal, they can make a decision based on the briefs or they can schedule for oral arguments before the court in Santa Fe before making a decision, Buckels said.

Buckels said he will file a brief stating why he thinks the judge was wrong, and the New Mexico Attorney General’s office will file a brief stating why they think the judge was right. Then Mayes’ attorneys will get to file another response brief, he said.

It’s not clear how long the appeals process will take. Birdsall said he will wait for that court’s ruling before Mayes’ case moves forward.

Mayes was also convicted of aggravated burglary and four lesser property crimes at his trial.

He has been scheduled for a sentencing and amenability hearing at the end of the month. An amenability hearing will allow Mayes’ attorneys to argue Mayes can be cured with treatment by the time he is 21, which would allow the judge to sentence him as a juvenile, Capshaw said.

Birdsall said he will put those future legal matters on hold until after the Court of Appeals rules on his decision.

“My heart always goes out to the victim’s families on things like this. They want a resolution, and although it’s never really resolved, (closing a case) at least gets the process over with so they can go on with dealing with their grief,” Capshaw said. “You want it over with, and we drag things on with technicalities.”

While Mayes’ murder case is now on hold, Birdsall said Thursday he wants to move forward soon with Mayes’ other case.

Mayes, while he was incarcerated at the San Juan County Juvenile Detention Center on the murder charge, allegedly planned an escape with other inmates that included plans to kill two jail guards.

Mayes was charged with two counts of conspiracy to commit murder, which are second-degree felonies, and four fourth-degree felonies for the alleged plot.”

Judge declines to dismiss John Mayes’ murder conviction[Daily Times 1/9/14 by Ryan Boetel]