Clovis City Manager Joe Thomas may face only a misdemeanor open-container charge following his Aug. 3 arrest in Quay County.
“It’s my understanding that will be the case,” Clovis Mayor David Lansford said Wednesday night.
State Police Lt. Rick Anglada said prosecutors told one of his colleagues more serious allegations of driving under the influence will not be pursued after a toxicology report received Wednesday showed no illegal drugs in Thomas’ system following his arrest.
Thomas declined comment Wednesday evening.
Attempts to contact Thomas’ lawyer, Hal Greig, and Quay County district attorney Ron Reeves on Wednesday were not immediately successful.
Anglada said the standard toxicology report includes results of screens for opiates (marijuana, THC) and barbituates (speed, LSD).
Thomas was arrested at a DWI checkpoint in Logan for DWI and having an open container.
Blood tests taken within an hour of Thomas’ arrest showed a blood-alcohol level of .04, half of New Mexico’s legal limit.
According to a police incident report, Thomas told officers he was on three medications for high blood pressure. Anglada said that was noted on the toxicology report.
Conviction on the open-container charge could result in a maximum fine of $25, officials said.
The Clovis City Commission took a wait-and-see approach in the days following Thomas’ arrest. Lansford couldn’t say what news of the toxicology report would mean for the commissioners.
“I think the city commission will evaluate whether to move forward,” Lansford said, “but I don’t want to speak for the city commission.”