Santa Fe, NM — After spending nearly two years in jail, 31-year-old Francisco Javier Grado-Flores has finally been acquitted on all charges in a shooting case he claimed was self-defense. A New Mexico jury sided with Grado-Flores, finding him not guilty of murder, manslaughter, and weapons violations in the 2023 shooting death of his girlfriend’s ex-boyfriend, Raul Rene Montejano Jr.
What makes the story even more troubling? Grado-Flores spent over 700 days behind bars waiting for a trial, largely due to bungled evidence handling by the Santa Fe Police Department and prosecutors.
What Happened?
In June 2023, Grado-Flores was at his girlfriend’s mobile home in Santa Fe when Montejano Jr.—the father of her child—showed up wielding a baseball bat. According to Grado-Flores, Montejano struck him in the head. Fearing for his life, Grado-Flores opened fire.
One bullet accidentally struck the girlfriend’s mother, who was present at the scene. Grado-Flores fled but was arrested the next day in Kansas.
Despite early claims of self-defense and a documented history of domestic violence by Montejano Jr., police and prosecutors charged Grado-Flores with murder.
Jury Didn’t Buy It
After a week-long trial, the jury rejected every charge, clearing Grado-Flores of first-degree murder, second-degree murder, voluntary manslaughter, and aggravated battery. His defense attorney, Jennifer Burrill, called the two-year jail stint “a tragedy.”
“It’s unfortunate that he was in custody for two years on a case that was clearly self-defense,” Burrill said.
Evidence Mishandling & Delays
So why did it take two years to reach justice?
The Santa Fe Police Department failed to send key cell phone evidence for forensic analysis for eight months after the shooting. Then, they sat on the data for another five weeks before giving it to prosecutors—who didn’t turn it over to the defense until 12 days before the trial.
Even worse, the defense couldn’t access the phone data due to formatting issues. Burrill told the court the data may have backed up her client’s claim that he was protecting himself—or someone else.
When asked why police hadn’t sent the phones earlier, a Santa Fe detective admitted:
“I do not have an answer for that.”
A Pattern of Failure
This isn’t an isolated problem. The Santa Fe PD has been audited for repeated failures in handling evidence and following investigative procedures. In one instance, auditors found loose bullets falling out of unsecured evidence packaging.
Critics say these ongoing issues not only put innocent lives on hold but also violate constitutional rights—specifically the Sixth Amendment’s guarantee of a speedy trial. Grado-Flores’ story highlights a disturbing reality: if the government drags its feet, even an innocent person can sit in jail for years. The jury saw the truth—this was self-defense.
But the justice system? It took way too long to catch up.
Final Word
For gun owners and anyone concerned with self-defense rights, this case is a reminder that exercising your right to protect yourself might still land you in handcuffs—especially if law enforcement fails to do its job.
Two years in jail. Zero convictions. Justice delayed is justice denied!
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It appears they have a corrupt police department more interested in convictions rather than justice .
How was this delay not a violation of the 6th amendment. right to a speedy trial?
This is what you get when you hire bottom of the barrel, GED, unskilled labor. Thugs with badges doing their master bidding.
“When asked why police hadn’t sent the phones earlier, a Santa Fe detective admitted:
‘I do not have an answer for that.'”
This was directed from the top. “Deputy Fife” isn’t smart enough to do this all by himself.
That civil rights trial is going to be LIT!!!
It ain’t just Santa Fe it’s the whole state and its attitude
This is daily reality in a Progressive Utopia.
I see a very large lawsuit against he incompetent coppers who sandbagged this guy for two years. Speedy Trial is one of our rights guaranteed in our Constitution. Some official heads need to roll. Maybe the other sandbaggers not involved in this case might see it as a wakeup call, too. Police corruption is the worst…….
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Had a friend told me one time he was stopped by a cop, and after a while, the cop had a adititude and told him he could put him in jail cell for 30 or even 60 days before he could see a judge and he could block him from getting a attorney. Cop told him ” if you dont believe me just try me.”
he probably panicked and fled once he realized a round hit the girlfriends mother but that also shows a propensity to flee. had he not ran he probably would have been released on recognizance or had a low enough bail to be able to post it or use a bondsman. and I would wager he has already been contacted by plaintiffs attorneys due to the mishandling of evidence and failure to turn it over in a timely manner.