Updated: November 23, 2021 06:15 PM
Created: November 23, 2021 05:30 PM
ALBUQUERQUE, N.M. — A former Rio Arriba County deputy who used a Taser on a 15-year-old student was in court Tuesday, asking for the charges to be dropped.
Jeremy Barnes is charged with child abuse, false imprisonment and aggravated battery. On Tuesday, a judge heard arguments on a motion to dismiss the indictment against him.
The charges stem from a 2019 incident at Española Valley High School. Video shows Barnes using a Taser on a special needs student. But, Barnes' defense said the grand jury – who found enough evidence for charges – was misled.
"The lawyers for the state presented the live testimony they thought would help them and committed any live testimony they thought would hurt them," said Tom Clark, defense attorney.
Prosecutors argued nothing was improper about the way they secured charges.
The judge did not make a decision on the motion Tuesday. If the indictment is upheld, Barnes' defense said they will file another challenge.
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