Suspect in 13-year-old's death will stay behind bars | KOB 4
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Suspect in 13-year-old's death will stay behind bars

J.R. Oppenheim
February 06, 2018 06:11 PM

SANTA FE, N.M. – The main suspect in a brutal child abuse killing of a 13-year-old boy will remain jailed for now.

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Santa Fe District Court Judge T. Glenn Ellington ordered Thomas Ferguson to stay in custody. His detention stems from a probation violation on charges in 2014. Those include second-degree criminal sexual penetration, first-degree kidnapping, and aggravated battery on a household member.

Police accused Ferguson of killing 13-year-old Jeremiah Valencia last year. Two others -- Valencia's mother Tracy Pena and Ferguson's son Jordan Nunez -- were also arrested. Investigators charged the three with child abuse resulting in death, evidence tampering, and conspiracy.

Prosecutors say Ferguson has a violent criminal history. The hearing was scheduled as a pre-trial detention/dangerousness hearing, but the judge did not make a ruling on the dangerousness issue because Ferguson is being held on the probation violation.

"He's got a probation violation pending and there's a no-bond hold on the probation violation, so release really isn't an issue at this time," public defender Tom Clark said. "If for whatever reason the probation violation is resolved and the issue of release comes up again, then the state will re-litigate the issue of whether he's dangerous or not and want to keep in in jail."

Detention hearings for Pena and Nunez are scheduled for Wednesday afternoon. Prosecutors are also seeking them to be held without bond.

Kai Porter will have a report from Santa Fe on KOB Eyewitness News 4 at 6.

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J.R. Oppenheim

Copyright 2018 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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