RIO RANCHO, NEW MEXICO: Prosecutors claim that hours after notifying police that she feared for her life, an elderly woman from New Mexico was shot and killed in her home by her caregiver.
Juneanne Fannell, 82, was reportedly murdered in her Rio Rancho home by Henry Cardana in April, just four hours after she pleaded with police not to leave her alone with the suspect.
Cardana had called 911 personally, requesting that the senior citizen be removed “for her own protection” before they arrived at the property.
During the visit, Fannell told the police officers that Cardana had threatened to murder her. Still, instead of confiscating firearms in accordance with the state's red flag gun laws, the officers commended Cardana on his weapons stockpile.
In what would be Fannell's dying moments, the film shows police officers laughing and joking with Cardana.
What happened in April?
Cardana, who had been Fannell's caretaker for numerous years, informs the police that they need to remove her “for her own protection” in the 911 call prior to the house call.
“She's a hospital hospice patient and she's uncontrollable. I can't control her any more. She needs for her own safety, get her the hell out of here,” he can be heard saying in audio obtained by Koat 7.
Fannell then speaks with a 911 operator confirming that she feels she is in imminent danger and that there are weapons on the premises.
The property was inspected by police shortly before 8 a.m. on April 5. They can be heard praising Cardana for being a “firearms guy” during an interaction.
The suspect then affirms that the weapons are “loaded” and “ready to go”.
“I like folks that have guns, because I have guns,” one of the officers said in response.
Fannell then begs the officers not to abandon her. “Please, no. Please don't leave,” she begs as the cops tell her they “can't” stay.
Then Cardana tells her an unsettling joke: “You're fine until I kill you.”
Fannell then reminds the cops that he has “threatened to do that” before but they leave nonetheless. Fannell was reported dead four hours later.
How was Fannell killed?
A neighbor then contacted 911 again, reporting that Cardana told her he had killed Fannell.
When officers returned to the scene, they discovered him covered in blood. He has been charged with murder, and the case continues to play out in court.
A distressed Cardana is shown on bodycam footage blaming the police for Fannell's death.
“You're not listening, You didn't help me at all,” he cries. “It's all your fault, you guys caused this.”
The incident has spurred criticism of Rio Rancho police for failing to use their authority under the state's Red Flag gun statute to take firearms from individuals they suspect of inflicting damage.
The Extreme Risk Firearm Protection Order Act allows authorities to file a court petition to temporarily take weapons from an individual they suspect could be at risk of potentially causing harm to oneself or others.
Despite significant opposition from many state sheriffs, the contentious law was passed in July 2020.
It has been utilized only 55 times since its inception, and never in Sandoval County, where Fannell was murdered.
Legal expert John Day told Koat that there was "plenty of information" that would have warranted the implementation of the Red Flag law in the Fannell case.
Former state representative Daymon Ely, who sponsored the law, told the outlet that there were only two possibilities for why Sandoval police did not trigger the order.
“Either they haven't been properly educated about the use because this clearly fit within it or they have decided as some jurisdiction threatened to do not to use it.”
"If it is the latter, then that cost someone their life," he added.
He also stated that Fannell's family could sue the police force for failing to utilize the law and keep her safe.
Rio Rancho police said they were arranging alternative housing for Fannell, who they did not believe was in fear for her life.
Chief Steward Steele said: "When Officers left the scene, it did not appear Juneanne was in fear for her safety, and there was no probable cause to believe any criminal activity had occurred.”
“Officers did not witness any signs of distress, and comments made relating to the use of a firearm appeared to be insincere and made in jest.”
“Officers had no reasonable belief to suspect that either individual was sincerely contemplating an imminent act of violence because the behavior of the individuals observed on the scene indicated they cared for one another."
Based on this, there was no cause to activate a red flag order, he said.
