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05/09/2014

Motion to dismiss charges in controversial Taos traffic stop denied

Updated: 05/08/2014 10:39 PM | Created: 05/08/2014 11:38 AM
By: Danielle Todesco, KOB Eyewitness News 4

A judge in Taos ruled Thursday that the case against a mother who made national headlines will not be thrown out.

The dashcam video from the New Mexico State Police incident from last October went viral online.  It shows Oriana Ferrell driving away from state police in a minivan with her five kids inside the van.  State Police Officer Elias Montoya ended up shooting at Ferrell's van as she drove away.

Thursday Ferrell went before a judge asking for charges related to drugs, aggravated fleeing, and child abuse to be dismissed.  Her defense attorney Kathryn Hardy said there were several problems with the way the prosecution handled the grand jury process.    

After two and a half hours of arguments, Judge John Paternoster ruled in favor of the prosecution and denied the dismissal.

"We were disappointed.  We are going to submit conclusions in law and findings of fact, and based on what the court rules then...the judge indicated that he could change his mind," Hardy said.

"I'm satisfied with the judge's ruling.  It's in accordance with the law.  I don't want to comment too much on the case, as you heard here, there's possibly going to be an interlocketory appeal," Deputy District Attorney Emilio Chavez said.

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