Mesilla mayor won’t be charged in casino incident

No charges will be filed against Mesilla Mayor Michael Cadena as a result of a Friday-evening outing to the Sunland Park Racetrack and Casino in an unmarked police vehicle in October.

The vehicle Cadena drove to the casino is a seized vehicle that federal regulations state can’t be used for any purpose that’s not law-enforcement related. The vehicle’s siren blared when he pulled up to the casino before he drove around other vehicles to the front of the valet-parking line. And when police found Cadena in the facility 45 minutes after he arrived, he failed field sobriety tests and they refused to let him drive the vehicle home.

District Attorney Susana Martinez said on Thursday, at the completion of her office’s investigation, that no charges will be filed.

“There are no criminal charges to be pursued,” she said. “There clearly needs to be action taken by the trustees of the Town of Mesilla to establish policies in reference to the proper use of seized cars, proper use of state government cars that should never be used for personal use and that there should never be any alcohol before, during or after the use of an official car.”

No such policies exist, she said.

Martinez said that, while Cadena’s actions may not have been criminal, they were certainly inappropriate. She said he should never be allowed to drive a police vehicle – seized or not – because it creates the appearance that he’s abusing power and also damages the necessary public perception that anyone in such a vehicle is a law-enforcement officer who can be approached for help.

The fact that the siren blared – Cadena contends that the woman in the passenger seat accidentally set it off – only adds to the negative appearance, she said.

Cadena could not be immediately reached for comment. He said previously he welcomed the district attorney investigation because it would clear him. He says he was in Sunland Park on official business and stopped at the casino afterward, and says, though he failed the sobriety tests, that he only had one drink.

Mesilla Mayor Pro Tem Jesus Caro, one of two trustees who asked Martinez to investigate, said he will consider proposing new policies. He said many of the city’s policies don’t apply to the mayor but do apply to other town employees.

“Policies certainly need to be worked on because they’re not specific enough,” he said.

Update, 11:30 a.m.

Cadena said he appreciates “the prompt and thorough investigation by the district attorney” and said he’s disappointed in Caro and Trustee Nora Barraza, who he said created the controversy because of their “aspirations for higher office.”

Caro is running next year for state representative. Both have considered running for Mesilla mayor in 2009.

“I’m more determined than ever to work together with the board of trustees – all of them – and the staff and the residents as we move forward, and that is my goal, to move forward,” Cadena said.