ALBUQUERQUE, N.M. (KRQE) – The Albuquerque man convicted of murdering his parents decades ago faced a judge on grisly new charges.
Mitchell Overhand, 45, asked a judge to release him as he awaits trial on charges for beating and kidnapping a man.
Tthe kidnapping victim survived, but the case launched a homicide investigation into a possible second victim who, police say, is missing.
Overhand is one of three people accused of torturing a man two weeks ago, and police want the public’s help to figure out what may have happened to a second victim.
Overhand walked into District Court on Friday afternoon for the first time since his charges for kidnapping and aggravated battery.
Decades ago, Overhand was arrested for killing his parents in 1988 in their Paradise Hills home. He was 16 years old.
This time, police arrested Overhand, Chase Smotherman and, overnight Thursday, Chase’s 19-year-old girlfriend Mariah Ferry, for beating a man at Chase’s home in the West Gate area with a bat and a stick.
The victim told police his attackers forced him to look at a computer screen with a picture of his best friend, John Soyka, who appeared to be dead and sexually mutilated.
The victim said it was about drug money which he knew nothing about, and after four hours of telling his attackers that, the victim told police that Overhand believed him and let him go.
The case launched an investigation into Soyka’s whereabouts.
Now, police are trying to find the person who helped Overhand, Smotherman and Ferry two weeks ago when they were stuck in the sand somewhere west of Rio Rancho and east of the Rio Puerco.
Police say they were driving a red Chevy Silverado with the license plate AAZL91.
Police say knowing exactly where it happened could help in finding Soyka.
In court on Friday, the state asked a judge to hold Overhand in jail on no bond.
His defense argued that, until now, Overhand hasn’t picked up any new charges since getting out of prison in 2010, and that Overhand was the one to stop the beating he’s charged with.
“He’s probably the reason this person’s alive,” Overhand’s attorney said of the victim who reported the kidnapping to police.
Judge Christina Argyres said, for the safety of the community, Overhand would stay behind bars.
“I am going to grant the state’s motion to detain Mr. Overhand,” she said.
While in prison, records show two separate convictions for Overhand for having a deadly weapon as a prisoner.
When he got out, prosecutors say he racked up a few probation violations until his probation was revoked in 2013.
Smotherman is also in jail on no bond.
His girlfriend, Ferry, wasn’t arrested until Thursday night.
That’s after, police say, jail calls between the couple showed they were trying to get their story straight and even talking about getting married so they wouldn’t have to testify against each other.