ALBUQUERQUE, N.M. (KRQE)- The case against former Torrance County Sheriff Heath White is in limbo after a judge said Friday that the investigation against him was botched.
Judge Charles Brown had many questions about the case against White. He said his main concern was that a search warrant was served on a property, white doesn’t even own.
“The affidavit is troubling on a number of levels, there were things which look really bad,” said Judge Charles Brown.
White is accused of stealing more than 20 thousand dollars in equipment while he was sheriff. The charges are based on the property found during a raid on his home and a business said to be his.
But in today’s hearing judge brown stated that the search done on the “Old Mill” is in fact not owned by White.
He said the judge who signed off on the search warrant was given false information and would have never signed off on it, had they known all the facts of the case.
White’s attorney, Sam Bregman, says his client had some of the property in his possession because of a lack of storage space at the sheriff’s office. He claims white even tried returning it and there are emails to back that up.
Judge Brown then ordered all the evidence in the case be suppressed, and the prosecutor fired back.
“I have heard all the evidence in this case and I know if I were to bind it over on any charge, the first motion would be filed,” said Judge Brown.
A prosecutor on the case replied, “Then let’s file it and let’s argue it. That’s how it worked judge. That’s how it’s always worked.”
If all the evidence is thrown out, the state does not have a case, so Judge Brown is allowing the state to argue its case about the evidence in front of him at a later date.
After the hearing, a spokesperson with the Attorney General’s Office said the issue of White’s ownership of the Edgewood business, was based on witness testimony. But Bregman is adamant white does not.
The state has until August 6th to file its response.