Aztec man arrested in shoplifting case, probation violation hearing scheduled
An Aztec man is facing a new misdemeanor charge and a possible probation violation after police say he was arrested in connection with a shoplifting incident at a Farmington gas station, according to court records.
Leo Justin Abeyta, 31, of Aztec, was charged with shoplifting (larceny under $250), a petty misdemeanor, following an incident reported the morning of Jan. 22. Court filings show the new charge has also triggered a request for a probation violation hearing in a separate case.
Records indicate Abeyta was booked into the San Juan County Adult Detention Center on Jan. 22 and released the following day.
What investigators allege
According to a statement of probable cause filed in San Juan County Magistrate Court, an officer was dispatched at approximately 9:47 a.m. Jan. 22 to the Speedway gas station along U.S. 64 in Farmington after employees reported a possible shoplifting.
Store staff told police a man matching Abeyta’s description had taken food items from inside the store and walked out without paying. When officers arrived, Abeyta was observed standing on the east side of the property near propane storage tanks, wearing a black jacket and jeans, court records state.
Abeyta identified himself to police and told officers he had not taken anything and claimed he had put the items back on the shelves before leaving the store. A deputy went inside to verify what had been taken, and employees reported that several items were missing, including beef jerky, peanut butter crackers, and animal crackers, according to court documents.
While officers were on scene, an item identified as peanut butter crackers was observed on the ground near where Abeyta had been standing. Additional wrappers were also located nearby, court records state. Store employees confirmed the items had not been paid for and asked that charges be pursued.
The value of the items was listed at less than $5, according to court filings.
Based on statements from store employees and physical evidence recovered at the scene, officers arrested Abeyta. He was transported to the San Juan County Adult Detention Center and booked on the shoplifting charge.
Probation violation request filed
Court records show Abeyta was already under court supervision stemming from a prior conviction for attempted possession of a controlled substance. A compliance request filed Jan. 23 states that Abeyta had struggled to comply with conditions of his sentence.
According to the filing, Abeyta had admitted during multiple contacts to using fentanyl and alcohol. The document states he enrolled in Cottonwood Clinical Services in December but had difficulty attending counseling appointments as recommended.
The compliance request notes Abeyta’s Jan. 22 arrest as a basis for seeking a probation violation hearing. A request was made for the court to consider ordering inpatient treatment as part of any future disposition.
Court proceedings
Court records show a probation violation arraignment has been scheduled for 8:30 a.m. Wednesday, Feb. 11, before Judge Trudy Reed-Chase in Aztec Magistrate Court.
A separate case involving the shoplifting charge remains pending in magistrate court. No plea has been entered, and no conviction has been recorded as of publication.
Abeyta is presumed innocent unless and until proven guilty in court.
Related:
A separate Farmington case involving a burglary arrest and the recovery of a firearm was also filed in San Juan County court records.
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