By Roger Lanse

Sixth Judicial District Court Judge Jim Foy ruled Wednesday, July 19, in favor of the prosecution in the matter of pretrial detention of Joseph Costello, charged with first degree murder in the June 26, 2023, death of Stephen Timmons. Foy ordered Costello to be held without bond at the Grant County Detention Center during the pendency of this case.

District Attorney Michael Renteria told the Beat, to his way of thinking, there were three main reasons, among others, the State's motion for pre-trial detention was granted.

First, was Costello's behavior in court. He constantly interrupted his attorney and the judge ignoring admonishments not to interrupt. The order also stated his outbursts were designed to hamper the court's ability to complete the hearing as scheduled.

Second, the strength of the evidence. Cartridge cases found at the Dragonfly Trail System murder scene and bullets found in Mr. Timmons body and elsewhere, were fired from the 9mm pistol taken from Costello. The order also stated headstamps on 9mm ammunition found in Costello's backpack matched the headstamps of cartridge cases at the crime scene.

Third, Costello had a long history of pestering and threatening people on the Dragonfly Trail System, and on Dona Ana County recreational trails. The order additionally stated he would often shoot his gun after leaving the scene. Although he did not hurt anyone in those incidents, he certainly scared them. Witnesses specifically identified Costello.

The State's order granting the pre-trial detention of Costello also says: "a competency evaluation to determine Mr. Costello's current mental competency is justified."