Kirtland man gets probation after being convicted of firing gun at residence

Defendant gets credit for time served at county jail

Joshua Kellogg
Farmington Daily Times
  • Diontonie Pinto, 22, was sentenced to supervised probation and a year of parole by District Court Judge Curtis Gurley on March 22 in Aztec District Court.
  • The defendant was given an 18-month sentence in the New Mexico Department of Corrections with credit for 208 days of incarceration but also suspended his sentence.
  • Pinto fired a black handgun at a residence on Aug. 26, on County Road 6474 in Kirtland as witnesses heard multiple gunshots.

FARMINGTON — A Kirtland man convicted of firing a handgun at a residence last year while intoxicated will have supervised probation as part of a plea agreement and not serve time in a state prison.

Diontonie Pinto, 22, was sentenced to supervised probation and a year of parole by District Court Judge Curtis Gurley on March 22 in Aztec District Court, according to court documents.

The defendant was given an 18-month sentence in the New Mexico Department of Corrections with credit for 208 days of incarceration, and then the judge suspended his sentence.

Pinto pleaded no contest to a fourth-degree felony count of shooting at a dwelling or occupied building on Jan. 22 as part of a plea agreement with the San Juan County District Attorney’s Office.

Diontonie Pinto

Petty misdemeanor counts of unlawful carrying of a deadly weapon and negligent use of a deadly weapon were dismissed as part of the plea agreement.

Judge Gurley followed the plea agreement’s recommendation by the district attorney’s office, which did not oppose a suspended sentence.

Pinto will have supervised probation for the remainder of his sentence and a year of parole afterward. If he violates his zero-tolerance probation, he will serve the remainder of his sentence in a state prison.

Shellie Pattscheck, Pinto’s attorney, told The Daily Times in a statement her client believes the sentence reached was fair and just.

She added the sentence took into consideration Pinto’s minimal criminal history, his young age and the seven months he spent in the San Juan County Adult Detention Center.

Pinto has three petty misdemeanor convictions: two for battery and one for DWI.

San Juan County Chief Deputy District Attorney Dustin O'Brien told The Daily Times based on the evidence the prosecution had, the plea agreement was a positive resolution. 

Pinto fired a handgun at a residence on Aug. 26, on County Road 6474 in Kirtland.

A woman at the residence found a bullet hole in her front door that night.

A man at the residence identified Pinto as a possible suspect, stating he had “quarrels” with Pinto in the past.

Pinto was later found in a vehicle with a handgun tucked into the waistband of his pants.

Judge Gurley ordered Pinto held without bond at the county jail while he awaited a jury trial during a Sept. 2 hearing.

Joshua Kellogg covers breaking news for The Daily Times. He can be reached at 505-564-4627 or via email at jkellogg@daily-times.com.

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