By MAIRE O’NEILL

Los Alamos Magistrate Judge Pat Casado revoked conditions of release for Garrett Eckhart, 35, of Los Alamos in court Thursday following his fourth violation of pre-trial probation and ordered him to remain in custody until his preliminary hearing Sept. 5.

Judge Casados rendered her ruling just one day after District Judge Mary Marlowe Sommer allowed Eckhart to remain on conditions of release after he tested positive for alcohol and tetrahydrocannabinol, an ingredient in marijuana, and ordered him to use a Sobrietor remote alcohol testing unit.

Probation Officer Linda Pena told Judge Casados that Eckhart had shown up at her office where he was supposed to be set up with the Sobrietor.

“He was having difficulty comprehending what I was telling him. I had him blow into a portable breathalyzer in my office. He blew a .127,” Pena said.

Deputy District Attorney Kent Wahlquist said he filed a motion for an expedited hearing Tuesday because Eckhart had failed to report for testing at the probation office Aug. 21 and 22 as ordered. Eckhart also has failed to report from Aug. 3 to Aug. 10.

“On Aug. 10, he appeared before your honor and you warned him that he had to comply with the conditions of release. Then he failed to report again Aug. 21 and 22,” Wahlquist said. “Ms. Pena informed me of that. That’s when I filed the motion in front of Judge Marlowe Sommer and asked her to revoke the conditions of release. No, she put him on a Sobrietor for two weeks.”

Wahlquist said at that point Pena didn’t have Eckhart’s blood alcohol level, that she had him take a urinalysis test, which showed he was positive for alcohol and THC.

“Judge Marlowe Sommer said he should report and get on the Sobrietor this morning. He reports and he’s drunk. He needs to be taken into custody. He can’t help himself,” Wahlquist said. 

He added that any plea offer for Eckhart must include treatment and he can’t get into treatment unless he’s clean.

Eckhart’s attorney Tyr Loringer said Eckhart clearly has an alcohol problem and that he was prepared to admit the violations. He asked Judge Casados to honor Marlowe Sommer’s ruling. He said relapse is a natural part of recovery. He admitted Eckhart has an alcohol problem but said he didn’t think that warranted him being taken into custody and felt the Sobrietor would be reasonable under the circumstances.

“Clearly if the drinking continues, the Sobrietor will alert the Court and Mr. Eckhart will be taken into custody,” Loringer said.

Judge Casados asked Eckhart if he was able to speak to the Court or if his alcohol level was too high for her to understand what he was saying. Eckhart spoke to the Court in a low slurred voice for several minutes.

Wahlquist pointed out to the Court that not only does Eckhart have a history of drinking but also a history of being aggressive and violent.

“The due process issue is clear. I don’t actually know if he has the capability to understand what’s going on,” he said.

Wahlquist asked that at the very least Eckhart stay in custody until he is clean.

Judge Casados said she believed Eckhart was incapable of making knowledgeable and accurate statements to the Court because of his alcohol consumption that morning and revoked his conditions of release.

Eckhart was originally placed on pre-trial probation on charges of bribery of a witness, battery on a peace officer, and resisting, evading or obstructing a peace officer in connection with a Feb. 10 incident. Police in that case found a victim with injuries to his back and face who was transported to Los Alamos Medical Center. Eckhart subsequently resisted arrest and allegedly kicked an officer in the forearm while being removed from a patrol vehicle at the Los Alamos Detention Center.

Eckhart racked up a second charge of battery against a police officer during the July 4 celebration at Overlook Park in White Rock after striking an officer on the forehead with his head. He also was  charged with resisting arrest and disorderly conduct. This incident constituted a violation of conditions of release on the first case and Wahlquist also asked at that time that Eckhart’s conditions of release be revoked saying that Eckhart has “a consistent alcohol and belligerence problem”.