Call to judge springs official's son

ROSWELL, N.M. (KRQE-KBIM) - The son of Roswell's city manager, accused of crashing into a police motorcycle and fleeing the scene, didn't go to jail after his arrest but instead was turned loose after his father called a judge.

According to Roswell police Michael Capps, 29, hit the parked motorcycle Saturday night and then took off. Arrested a short time later, he was taken to the police station where he would be charged with careless driving, leaving the scene of an accident and resisting arrest.

But then things got--in the words of one officer--"unusual."

Instead of going to jail, Capps was released on his own recognizance, that is with only a promise to appear in court, at the direction of Municipal Judge Larry Loy.

"Generally I don't know about it until the following day or following court date," Loy told KRQE News 13.

But in this case Loy knew about Michael Capps' arrest within a few hours because Capps' dad, City Manager John Capps, called.

"He advised that his son had been arrested and wanted to know if I would be willing to release him on his own recognizance," Loy said.

Capps was released without spending any time in jail.

"It's very rare and unusual," Roswell Officer Travis Holly said. Usually in such cases a person would go to jail and have to post bond, he said.

"In 12 years, maybe twice I've had a judge have someone released on the own recognizance, and both of those were for medical reasons," Holly added.

Loy said his action in Capps' case was not unique.

"Most of the time people don't have my number," Loy said. "I've been called at work here a few times and asked if someone could be release on OR, not many but a few times."

The judge said he didn't show any favoritism because Capps would have been released on his own eventually.

However criticism in Roswell has centered on the speed with which Capps was cut loose.

"I understand that, and like I said, I would probably do it differently if it were to happen again," Loy said.

News 13 attempted to contact John Capps but was told he is on vacation.

On Wednesday Michael Capps was arrested and taken to the Chaves County Detention Center when Saturday's charges were filed against him in Magistrate Court.

His bond was set at $2,500.