DA: Error cut death suspect's probation

SANTA FE (KRQE) - As the manhunt continues for the suspect in two Santa Fe murders, some answers are being offered about why he was ever let off probation.

The Santa Fe district attorney admits a mistake in her office led to Arthur Anaya's early release from supervision.

District attorney Angela Spence Pacheco blames former assistant DA Wesley Jensen saying he made a mistake and dismissed probation for Anaya more than 3 1/2 years early.

Anaya, 54, has been on the run since Monday after Santa Fe County sheriff's investigators say the he shot and killed Austin Urbán, 16, and Theresa vigil, 51, because they didn't have rent money owed him.

Anaya has a disturbing and violent past dating back to 1985.

In the mid 1990s he went on a crime spree that included armed robberies, battery on a police officer and assaults on family members.

But, he was found incompetent to stand trial and spent the next 10 years in the state mental hospital.

When he was ruled competent he was tried for those charges and a jury convicted him but found he was mentally ill because of a brain injury.

In 2005 Santa Fe Judge Michael Vigil sentenced him to 40 years, suspending 22 of them.

The reason, Vigil said, was reports from doctors that he was responding to treatment and medication.

Anaya received credit for the 10 years he spent at the mental hospital.

He served four of the remaining eight years in prison and was paroled in March 2009.

Anaya was supposed to spend the next five years on probation.

But, even after he tested positive for cocaine more than a year later, his attorney argued Anaya didn't owe anymore probation.

The judge didn't have Anaya's complete file in front of him and told the attorneys to figure it out.

That's when Pacheco says Jensen dropped the ball dismissing Anaya's probation, which was supposed to run through 2014.

Jensen no longer works at the DA's office.

Pacheco said she believes being on probation would not have stopped Anaya from committing the two murders.

But, if Anaya had been on probation and continued taking illegal drugs, the judge could have thrown him back in prison.

Crime Stoppers has raised the reward for information leading to Anaya's arrest to $3,000.