A Chaves County inmate is facing a new felony charge after investigators allege a jail-made weapon was discovered inside a housing unit at the Chaves County Detention Center earlier this month.

According to court records filed January 16, 2026, prosecutors charged Michael Kirby with possession of a deadly weapon or explosive by a prisoner, a felony offense under New Mexico law. The criminal complaint was filed in Chaves County Magistrate Court following an internal detention center investigation. 

Weapon allegedly discovered inside housing unit

The charge stems from an incident on January 8, 2026, when a Chaves County Sheriff’s deputy responded to the detention center after jail staff reported possible contraband inside a housing unit.

Court documents state that detention officers located a homemade weapon, commonly referred to as a “shank,” inside North Echo Cell 3, allegedly among the defendant’s personal property. The weapon was described as approximately three inches long and one inch wide, sharpened at the tip, and made from materials believed to originate from detention-issued items. 

Investigators noted the weapon appeared to be crafted from the metal material found in jail-issued tablets, with string wrapped around the handle area.

Statements from detainees and staff

According to the affidavit, detention staff provided investigators with information from another detainee who reported seeing the defendant sharpening the weapon under a stairwell area inside the housing unit. The detainee also alleged the weapon may have been intended for use in exchanging drugs or other contraband within the jail.

The reporting detainee declined to testify in court but agreed to provide information during the investigation, according to court records. 

Investigators later spoke with another inmate housed in the same unit, who stated he had never seen the weapon and claimed he generally kept to himself during his incarceration.

Defendant denies ownership of weapon

Court records indicate that Michael Kirby was advised of his Miranda rights and agreed to speak with investigators. He denied possessing or seeing the weapon and stated he does not sleep on the top bunk where the weapon was allegedly located.

Kirby reportedly gave conflicting explanations regarding his presence under the stairwell area, initially stating he was assigned cleaning duties and later acknowledging he was using his hands rather than cleaning supplies. Investigators documented those statements in the affidavit. 

Charge filed in magistrate court

The criminal complaint lists the charge as Possession of a Deadly Weapon or Explosive by Prisoner, filed under NMSA 1978, Section 30-22-16. Prosecutors allege there is sufficient probable cause to proceed with the case based on physical evidence and witness statements documented during the investigation.

The complaint was approved by the district attorney’s office and formally filed on January 16, 2026, in Chaves County Magistrate Court. 

Legal context and presumption of innocence

Possession of a weapon inside a detention facility is treated as a serious offense under New Mexico law due to safety risks to inmates and staff. If convicted, the charge carries potential additional prison time beyond any existing sentence.

As with all criminal cases, the defendant is presumed innocent unless and until proven guilty in a court of law. Court proceedings, including any preliminary hearings or future motions, will determine how the case moves forward.