Inmate With ‘Attitude’ Allegedly Hits, Spits on Guard

A Rio Arriba County Detention Center officer who allegedly tried to de-escalate a situation with an inmate who “had an attitude,” ended up struggling with the man in his cell and got hit and spit on.

Jesse Martinez, 31, of Hernandez now faces one count of battery on a peace officer after striking Shandy Grider on Dec. 29. Rio Arriba County Sheriff’s Deputy Alfonso Murillo responded to a call at the detention center for battery on a peace officer that occurred there, he wrote in his incident report.

When he arrived, Detention Officer Adamacio Bustamante met with him and said a prisoner, identified as Martinez, hit and spit on the on-shift supervisor, Grider. Bustamante escorted the deputy to a room to view surveillance footage of the incident.

Murillo saw on the footage when Grider entered Pod B-2 and began having a verbal encounter with Martinez. He was unable to hear what was said because the cameras at the jail don’t capture audio, he wrote in his incident report.

“As the verbal encounter continued, I observed Jesse Martinez begin to get increasingly more irate, spreading his arms and hands out to his side while pushing his chest out,” Murillo wrote. “I then observed Shandy attempt to grab Jesse’s left arm in an attempt to place Jesse into hand restraint (sic), in which Jesse began to spin counterclockwise rapidly with a closed fist, striking Shandy in her left arm. At this time, a struggle inside between the two, in which Detention Officer Jeremiah Cordova and Adamacio Bustamante assisted Shandy, and were able to subdue Jesse and place him into hand restraints.”

As detention officers were taking Martinez to A pod and gathering his items, the man turned in the direction of Grider and spit, striking her in the face and right arm, Murillo wrote.

“At this time, Jesse was placed into Cell A-5 with no further incident,” he wrote.

After Murillo saw the surveillance footage, he spoke with Grider who said while she was doing a head count, Martinez had an attitude. She was told by the shift prior to hers, that he had an attitude all day.

Grider told Murillo that she went into Martinez’s pod to speak with him and try to “de-escalate so that he wouldn’t escalate further.”

“She then stated that he proceeded to get increasingly more irate with her,” Murillo wrote. “When she stated, she advised Jesse to grab his items and that he would be placed into A-pod. Shandie would continue to say that he then proceeded to tell her to ‘fuck off. . I was a stupid bitch.’ This then continued into the events that were observed through surveillance footage.”

Murillo wrote that there was nothing further to report at that time and all memos from jail staff would be attached to the report. However, there were no memos attached.

The single charge of battery on a peace officer was filed against Martinez the following day, on Dec. 30. He had a felony status conference scheduled for Jan. 21 in Rio Arriba Magistrate Court Judge Joseph Madrid’s court room.