Former cop could go to jail until trial

ALBUQUERQUE (KRQE) - Former Albuquerque Police Officer Levi Chavez, who is accused of murdering his wife Tera, is now accused of threatening Tera's brother, who is a witness in the upcoming murder trial. Prosecutors said that is a clear violation of his conditions of release and now they want a judge to look at whether Chavez should remain free.

According to a motion filed Thursday, prosecutors said on May 29, Chavez got into an ugly confrontation with Josh Cordova in a bathroom at Central New Mexico University's main campus in Albuquerque, where both men are students. Cordova told investigators Chavez followed him into the restroom, then came at him aggressively. Cordova said Chavez only backed off because someone else came into the bathroom.

Chavez is out on bond after being charged with murdering Tera in 2007. Investigators said Chavez killed her with his police gun, then made it look like a suicide. Court documents said Tera was going to report Chavez for insurance fraud for staging the theft of his pickup truck.

Prosecutors said Chavez violated his conditions of release by confronting Cordova, a potential witness. Valencia County District Attorney Lemuel Martinez said a judge will determine if Chavez could go to jail until trial.

"(A judge) could increase the bond, they could increase the bond along with increased conditions, or they can increase the bond to a point where he can't meet it where he may be held until trial," said Martinez.

Chavez's attorney David Serna admits the two men did run into each other at CNM but said they didn't exchange words.

"They made eye contact, they recognized who each other were, both of them were startled and surprised and both left without exchanging words or hostile gestures," said Serna.

Serna claims this is all an attempt by the family to keep the story in the spotlight.

"It would seem to me they are trying to come up with more dirt try to pile on Levi in the hopes that number one the case somehow get the case to trial sooner," said Serna.

The murder trial was supposed to start next month but was postponed after the judge quit because of a drinking problem. The trial should happen next year but no date has been set.

No hearing date has been set for the motion to possibly send Chavez to jail.