Albuquerque Journal (NM) July 16, 1999, Page 1 PRIVATE EYE OFFERS HELP ON TAOS CASE Colleen Heild, Journal Investigative Reporter
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bound by the legal requirements that apply to sworn
law enforcement officers. "As long as they don't
com-mit a crime themselves, they can use
extraordinary methods to search and seize,"
Paternoster said.
   State Police, who originally investigated the
accident, recently renewed the search for Hicks at
Sullivan's urging. So far a check of various computer
databases has turned up nothing.
   "There was just one last search we were going to
do through U.S. Customs, where we can track his
payroll if he's receiving a paycheck from an actual
business or something anywhere," said State Police
agent Jennie Tafoya.
   Brewer said if Taos authorities are serious about
prosecuting Hicks, he will "pinpoint exactly where he
(Hicks) is and where he can be picked up at. I'll give
that information directly to the State Police."
   Martinez, the Taos magistrate who imposed the
bond for Hicks, raised the bond to $10,000 cash when
issuing the bench warrant for Hicks' arrest in April
1998. Judges typically consider whether a defendant
is a flight risk or has ties to the community. Hicks told
the judge he was working construction in Taos, but
he had been fired. He gave an address that State
Police later discovered was inaccurate.
   Martinez said in a recent interview that a
prosecutor at the bond hearing didn't give him
adequate information about Hicks and his lack of
community ties in Taos.
   The prosecutor, Donald Gallegos, recently left the
DA's office to go into private practice. He had no
recollection of the case and doubted he would have
asked for such a low bond. Taos District Attorney
records indicate Gallegos asked for a $50,000 bond.
   On Tuesday, Magistrate Martinez wouldn't say
what bond he might set for Hicks should he be
captured. "I would increase it to be able to hold him,"
Martinez said. Martinez said he felt sorry that Sullivan
feels he has been revictimized by the criminal justice
system in New Mexico. "I wish, I hope and I pray that
Hicks turns himself in," Martinez said.
   Darren White, secretary of the New Mexico
Department of Public Safety, said it is unfortunate
Sullivan had such a bad experience in New Mexico.
"With the (news media) coverage his case has
received," White said, "nobody can say they're not
aware of it now."
Copyright (c) 1999 Albuquerque Journal

Crash Suspect Skipped Town

    An Albuquerque private eye says he'll work free of
charge to find a Florida man who escaped
prose-cution on felony DWI charges related to a
serious two-car crash near Taos. The hitch: private
investigator Wayne Brewer wants assurances the case
against Daryl S. Hicks won't slip through the cracks
again.
   "The last thing I want to do is spend my time and
my money if people in Taos are going to ignore it,"
Brewer said. Brewer offered his services after reading
an Albuquerque Journal story on Sunday about a
Colorado man who was seriously injured in the March
31, 1998, crash that involved Hicks. Hicks skipped
town after the judge in the case set a cash bond of
$100, and there is no indication Hicks actually put up
the $100.
   District Attorney John Paternoster of Taos said his
office will extradite Hicks if he is located out of state
and promised to press for a high bond once he is
returned. "His (Brewer's) efforts would be greatly
appreciated," Paternoster said.
   Jerry Sullivan of Denver sustained head, facial and
hip injuries after a pickup truck driven by Hicks
crashed head-on into his Datsun sedan on State Road
68, south of Taos. Sullivan was in New Mexico to
camp and ski. After two operations and months of
rehabilitation, Sullivan returned to Taos recently to
find out how Hicks could have been released on a
$1,000 bond an amount significantly lower than
imposed in other felony cases.
   The bond set by Taos magistrate Erminio Martinez
required only $100 down, but Hicks apparently never
paid it. A bench warrant for his arrest was issued three
days later after he failed to return required forms to the
court.
   Hicks, 37, is believed to be a transient whose last
permanent address was Orlando, Fla. He was charged
with great bodily harm with a motor vehicle, DWI,
reckless driving and having no insurance.
   Brewer said he's done investigative work for the
past 25 years, in New Mexico, Iowa, Illinois, Ohio and
Colorado. How long might it take to locate Hicks? "I
have a very good idea within the first two hours of my
investigation whether it's going to be a fairly short
thing, or difficult," Brewer said. "I'm pretty sure he's
not in New Mexico."
 Paternoster said private investigators can be helpful
apprehending fugitives because they aren't