By Roger Lanse

According to the July 19, 2023 order, granting State’s motion for pre-trial detention of Joseph Castello, he has been convicted of many violent misdemeanors up through 2018. Over the past eight months he has had a long history of accosting and bothering people on the Dragonfly Trail, and on trails in Dona Ana County. Specifically, he accosted the Silver High School Cross Country team, their coach, and another adult. He also accosted a named adult while making ‘nonsensical’ claims regarding issues between him and the government. These victims perceived Costello to be mentally ill and noted at the conclusion of his tirade, Costello would leave the scene and fire his gun. The order states in none of those events prior to Mr. Timmons’ death did Costello harm anyone or point his gun at anyone, but he did frighten them. 

The order says Costello’s prior record reveals he is not a convicted felon. The Dona Ana felony charges in 2021 were dismissed because of an incompetency finding. The charges in Grant County were also dismissed because he was found incompetent to stand trial. Costello’s YouTube page documented a verbal altercation in Las Cruces where he accosted three persons by the Rio Grande River while armed with a crossbow. 

The order describes Costello as a person who is either mentally ill, or who exhibits anti-social 

traits and open defiance, or both.

According to the order, Costello, based upon his mental health as alleged in the Dona Ana case as far back as 2021, should not have possessed firearms.

The order also states, “a competency evaluation to determine Mr. Costello’s current mental competency is justified.”