A Las Vegas man in court for a hearing in a misdemeanor case is now facing a felony charge for comments directed at Judge Christian Montaño during a plea hearing in San Miguel Magistrate Court in August.
Jacob R. Valencia, 38, was in custody at the San Miguel County Detention Center when he appeared virtually for an Aug. 4 hearing in a case before Judge Montaño. When Valencia learned the hearing would be postponed, he became angry and threatened to physically harm Montaño, according to an affidavit filed in San Miguel Magistrate Court.
Valencia was in court for a plea hearing in a misdemeanor shoplifting case from earlier this year. When Montaño announced the hearing would be moved to another day, Valencia responded by saying, “F— you,” before using several more expletives and invectives directed at Montaño, the affidavit stated. Court officials eventually muted Valencia, but not before he said, “I’ll break your jaw.”
Prosecutors charged Valencia with a felony count of threatening a judge or their immediate family and a misdemeanor count of contempt of court. During an Aug. 8 hearing, Montaño set bond for Valencia at $100,000. He remained in custody at SMCDC as of this writing.
Valencia was initially charged with one misdemeanor count of shoplifting for allegedly stealing clothing from a Las Vegas dollar store. Police responded to the store around 4 p.m. on March 11 after employees reported the theft of about $58 worth of merchandise, according to an affidavit filed in San Miguel Magistrate Court.
Police reviewed surveillance video that showed Valencia take the items, according to the affidavit. During an investigation, officers located Valencia at his home and he admitted to taking two white shirts and one pair of socks from the store.
Valencia has a lengthy criminal history in New Mexico, including felony convictions for tampering with evidence, larceny, contributing to the delinquency of a minor and motor vehicle theft. He’s also been convicted of misdemeanor counts of battery, commercial burglary and criminal trespass.
The plea hearing in his shoplifting case has been rescheduled for Nov. 10. A preliminary hearing in the new case is scheduled for Sept. 10.