Woman killed hours after Rio Rancho police respond to her home

ACTION 7 NEWS. THERE’S BEEN A LAW ON THE BOOKS THAT ALLOWS POLICE TO TAKE AWAY SOMEONE’S GUNS IF THEY THINK THERE’S AN IMMEDIATE THREAT TO SOMEONE. TONIGHT, IN A TARGET 7 INVESTIGATION, WE LEARNED ONE OF THE STATE’S LARGEST COUNTIES HAS NEVER USED THAT LAW. AND SOME SAY IF THEY HAD AN 82 YEAR OLD WOMAN WOULD BE ALIVE TODAY. HERE’S JOHN CARTER. NEW MEXICO ENACTED THE RED FLAG GUN LAW NEARLY THREE YEARS AGO. SINCE THEN, IT’S BEEN USED 51 TIMES THROUGHOUT THE STATE. THIS IS JUNE, AN JUST HOURS BEFORE HER DEATH, SHE TOLD POLICE HER CARETAKER HAD GUNS AND SHE WAS WORRIED HE WAS GOING TO KILL HER. BUT A PETITION WAS NEVER FILED. SHE IS A HOSPITAL HOSPICE PATIENT AND SHE’S GETTING UNCONTROLLABLE, SHINY PRIDE ALL BAD. AND I CAN’T CONTROL HER ANYMORE. SHE NEEDS FOR HER OWN SAFETY TO GET THE HELL OUT OF HERE. HENRY CARDONA CALLING 911 IN APRIL. TALKING ABOUT JUNE. AN FANEL. AN 82 YEAR OLD WOMAN HE HAD BEEN TAKING CARE OF FOR SEVERAL YEARS. DOES SHE HAVE ANY MEDICAL CONDITIONS? ANYTHING WE NEED TO KNOW ABOUT? SHE’S GOT A WHOLE BUNCH OF MEDICAL CONDITIONS. GET HER THE HELL OUT OF HERE IN JUNE AND THEN GETS ON THE PHONE. DO YOU FEEL LIKE YOU’RE IN DANGER, MA’AM? YEAH. YOU KNOW, IF THERE’S ANY WEAPONS THERE IN THE HOME. YEAH. SO RIO RANCHO POLICE OFFICERS AND FIREFIGHTERS WENT TO THE HOME AND THEY FIND JUNE IN A HOSPITAL BED. THEY ASK ABOUT GUNS. YOU’RE A FIREARM, FIREARMS GUY. OH, YEAH. NICE. YOU’RE LOADED AND READY TO GO. WE DON’T NEED THEM. I SEE. THERE’S ONE PROBABLY RIGHT THERE IN THAT CASE, I SEE ONE OVER THERE. I LIKE FOLKS THAT HAVE GUNS BECAUSE I HAVE GUNS TOO. SO, YEAH. WHILE LAYING ON WHAT WOULD END UP BEING HER DEATHBED, JUNE BEGGED FOR THE POLICE TO STAY. WE’RE GOING TO GET OUT OF HERE. I APPRECIATE EVERY ONE OF YOU. STAY. WE CAN’T, MA’AM. YEAH, WE CAN’T. YEAH. THEN THIS WAS SAID. WHAT DID YOU SAY? I SAID YOU’RE FINE UNTIL I KILL YOU. HE’S THREATENED TO DO THAT. THEY THEN LEAVE. GET OUT OF HERE. GO AWAY FOR FOUR HOURS LATER, POLICE GET THIS 911 CALL FROM A NEIGHBOR. THE NEIGHBOR MAN WAS SCREAMING FOR HELP AND TOLD US TO CALL THE POLICE. HE SAYS HE’S KILLED HER. WHEN POLICE GET THERE, THEY FIND HENRY CARDONA COVERED IN BLOOD. ACCORDING TO COURT RECORDS, HE HAD JUST SHOT AND KILLED JUNE. HE BLAMED THE POLICE FOR NOT DOING ANYTHING EARLIER. YOU’RE NOT LISTENING. YOU DIDN’T HELP ME AT ALL EARLIER. IT’S ALL YOUR FAULT. YOU GUYS COST THIS SHOULD THE POLICE HAVE DONE ANYTHING WHEN THAT FIRST CALL WAS MADE? IN THIS PARTICULAR CASE, IT SOUNDS LIKE THERE WAS PLENTY OF INFORMATION THAT THE LAW ENFORCEMENT HAD THAT WOULD HAVE TRIGGERED THE IMPLEMENTATION OF A RED FLAG LAW. THE EXTREME RISK FIREARM PROTECTION ORDER ALSO KNOWN AS THE RED FLAG GUN LAW, WAS ONE OF THE MOST CONTROVERSIAL PIECES OF LEGISLATION TO BE DEBATED IN THE STATE CAPITOL. IT WAS EVENTUALLY PASSED AND ENACTED IN JULY 2020. AFTER TWO YEARS OF DEBATE, THE MAJORITY OF SHERIFFS IN THE STATE OPPOSED IT AND SAID THEY WOULD NOT ENFORCE IT. YOU’RE GATHERING ON THE PLATFORM OF WE THE PEOPLE. THE LAW SAYS LAW ENFORCEMENT AND PROSECUTORS CAN PETITION THE COURT TO HAVE SOMEONE’S FIREARM SEIZED FOR A YEAR IF THERE IS, QUOTE, CREDIBLE THREAT THAT THEY’RE GOING TO DO HARM TO THEMSELVES OR OTHERS. KOAT LEGAL EXPERT JOHN DA EXPLAINS HOW IT WORKS. THERE’S A PROCESS FOR THE FOR LAW ENFORCEMENT TO GO TO A COURT AND GET A TEMPORARY ORDER SAYING GO GET THOSE GUNS, PUT THEM AWAY SOMEWHERE SAFE. WE’LL DEAL WITH THIS AND LET SOME TIME PASS AND LET PEOPLE COOL OFF. TARGET 7 COMBED THROUGH COURT RECORDS. WE FOUND IN THE THREE YEARS THE LAW HAS BEEN ENACTED, THERE WERE ONLY 55 CASES IN WHICH PROSECUTE SHOOTERS OR LAW ENFORCEMENT FILED A PETITION. IN THESE 21 COUNTIES HAVE NEVER USED IT. ONE OF THEM IS SANDOVAL COUNTY, THE THIRD LARGEST IN THE STATE, AND THE COUNTY WHERE JUNAN FANEL WAS KILLED. THERE’S 1 OR 2 REASONS THEY DIDN’T UTILIZE IT EITHER. THEY HAVEN’T BEEN PROPERLY EDUCATED ABOUT THE USE OF IT BECAUSE THIS CLEARLY FIT WITHIN IT, OR THEY HAVE DECIDED ADDED AS SOME JURISDICTIONS THREATEN, THEY WOULD DO NOT TO USE IT. AND IF IT’S THE LATTER, THEN THAT COSTS SOMEBODY THEIR LIFE. FORMER STATE REPRESENTATIVE DAMON ELI. SPONSORED THE RED FLAG LEGISLATION. IF FAMILY MEMBERS ARE KILLED, I THINK THEY HAVE A LAWSUIT OUGHT TO BE ABLE TO PURSUE THE GOVERNMENT ENTITY FOR NOT USING SOMETHING THAT’S GOING TO SAVE PEOPLE’S LIVES AND SAVE LAW ENFORCEMENT OFFICERS LIVES. TARGET 7 REACHED OUT TO THE RIO RANCHO POLICE DEPARTMENT’S CHIEF, STEWART STEELE. HE DECLINED TO DO AN INTERVIEW. IN AN EMAIL, THEY SAID THEY WERE IN THE PROCESS OF ARRANGING ALTERNATIVE HOUSING FOR JUNAN AND IT DID NOT APPEAR THAT SHE WAS IN FEAR FOR HER SAFETY. YOU COULD READ THEIR ENTIRE RESPONSE ON OUR WEBSITE FOR TARGET 7. I’M JOHN CARDINELLI. GARDEN

A law has been in place for police departments and law enforcement to remove firearms from anyone they think is an immediate threat to someone.However, Target 7 has learned one of New Mexico's largest counties, Sandoval County, has never used it.Some argue that 82-year-old Rio Rancho woman Juneanne Fannell would still be alive if it was used.Deep dive: Target 7 InvestigatesThe Rio Rancho Police Department and Fire Department arrived at the home in April to find Fannell in a hospital bed. First responders were there after caretaker Henry Cardana called for emergency services.Cardana told 911 that Fannell was uncontrollable and that they needed to get her out of the home for her own safety. Cardana had been the caretaker for Fannell for several years.Fannell also spoke during the 911 call and said that she felt like she was in danger. She also said there were weapons in the home after the dispatcher asked.Rio Rancho officers talk with Cardana about the firearms inside the home."You're a firearms guy?" an officer asked."Oh, yeah," Cardana said."Nice," the officer said."They're loaded. They're ready to go," Cardana said."We don't need to see them," the officer said. "There's one probably right there in that case. And I see another one over there."The officer continued saying, "I like folks that have guns," since he is a gun owner himself. As the officers begin to say their goodbyes to Cardana and Fannell, she begs them to stay at the home. Stay up-to-date: The latest headlines from KOAT Action 7 News Then, the conversation continues between Cardana and Fannell once the officers say they have to go. "What did you say?" Fannell asked."I said you're fine until I kill you," Cardana said."All right? He's threatened to do that," Fannell said to the Rio Rancho police officers."Get out of here now," Cardana said to the officers. "Go away."The two officers leave, and four hours later, 911 receives another call. This time from a neighbor."The neighbor man was screaming for help and told us to call the police," the neighbor said. "He says he's killed her."Police returned to find Cardana covered in blood. He had just shot and killed Fannell, according to court documents. KOAT legal expert John Day says more could have been done."In this particular case, it sounds like there was plenty of information that the law enforcement had that would have triggered the implementation of a red flag law," Day said.The law is the extreme risk firearm protection order. It was enacted in July 2020 after two years of debate in the state capitol.However, the majority of elected sheriffs in New Mexico oppose it and have said they will not enforce the law. However, the passed law allows law enforcement and prosecutors to petition a court.Those petitions will have a gun owners guns seized if there is a credible threat they will do harm to others or themselves. Day explains how it works."There's a process for the for law enforcement to go to a court and get a temporary order saying go get those guns, put them away somewhere safe," Day said. "We'll deal with this and let some time pass, let people cool off."Action 7 News On The Go: Download our app for freeChief Steward Steele provided this statement when asked about the police response to the home:"On April 5, 2023, City of Rio Rancho first responders responded to two calls for service at 2102 Western Hills Dr NE, Rio Rancho NM 87124. During the first call for service, Rio Rancho Police Officers responded to assist the Rio Rancho Fire Department and conduct a welfare check. During the welfare check, Officers spent time counseling the individuals who resided at the residence regarding hospice care and advanced long term care services. Ultimately, Officers were able to help arrange alternative housing at a long term care facility for Juneanne Fannell before leaving the scene."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 scene indicated they cared for one another and were working to solve their long term health care and living situation needs."Based on the entirety of circumstances during the first call, there was no probable cause to conduct a criminal investigation or substantiate a significant danger of imminent personal injury as a result of either person having access to a firearm. Consequently, the Officers lacked authority to arrest, place into protective custody either party against their will, or file a petition pursuant to the Extreme Risk Firearm Protection Order Act."During the second call for service, the Rio Rancho Police Department conducted a thorough and complete homicide investigation and continues to cooperate with the District Attorney's Office prosecution of Henry Cardana."

RIO RANCHO, N.M. —

A law has been in place for police departments and law enforcement to remove firearms from anyone they think is an immediate threat to someone.

However, Target 7 has learned one of New Mexico's largest counties, Sandoval County, has never used it.

Some argue that 82-year-old Rio Rancho woman Juneanne Fannell would still be alive if it was used.

Deep dive: Target 7 Investigates

The Rio Rancho Police Department and Fire Department arrived at the home in April to find Fannell in a hospital bed. First responders were there after caretaker Henry Cardana called for emergency services.

Cardana told 911 that Fannell was uncontrollable and that they needed to get her out of the home for her own safety. Cardana had been the caretaker for Fannell for several years.

Fannell also spoke during the 911 call and said that she felt like she was in danger. She also said there were weapons in the home after the dispatcher asked.

Rio Rancho officers talk with Cardana about the firearms inside the home.

"You're a firearms guy?" an officer asked.

"Oh, yeah," Cardana said.

"Nice," the officer said.

"They're loaded. They're ready to go," Cardana said.

"We don't need to see them," the officer said. "There's one probably right there in that case. And I see another one over there."

The officer continued saying, "I like folks that have guns," since he is a gun owner himself. As the officers begin to say their goodbyes to Cardana and Fannell, she begs them to stay at the home.

Stay up-to-date: The latest headlines from KOAT Action 7 News

Then, the conversation continues between Cardana and Fannell once the officers say they have to go.

"What did you say?" Fannell asked.

"I said you're fine until I kill you," Cardana said.

"All right? He's threatened to do that," Fannell said to the Rio Rancho police officers.

"Get out of here now," Cardana said to the officers. "Go away."

The two officers leave, and four hours later, 911 receives another call. This time from a neighbor.

"The neighbor man was screaming for help and told us to call the police," the neighbor said. "He says he's killed her."

Police returned to find Cardana covered in blood. He had just shot and killed Fannell, according to court documents. KOAT legal expert John Day says more could have been done.

"In this particular case, it sounds like there was plenty of information that the law enforcement had that would have triggered the implementation of a red flag law," Day said.

The law is the extreme risk firearm protection order. It was enacted in July 2020 after two years of debate in the state capitol.

However, the majority of elected sheriffs in New Mexico oppose it and have said they will not enforce the law. However, the passed law allows law enforcement and prosecutors to petition a court.

Those petitions will have a gun owners guns seized if there is a credible threat they will do harm to others or themselves. Day explains how it works.

"There's a process for the for law enforcement to go to a court and get a temporary order saying go get those guns, put them away somewhere safe," Day said. "We'll deal with this and let some time pass, let people cool off."

Action 7 News On The Go: Download our app for free

Chief Steward Steele provided this statement when asked about the police response to the home:

"On April 5, 2023, City of Rio Rancho first responders responded to two calls for service at 2102 Western Hills Dr NE, Rio Rancho NM 87124. During the first call for service, Rio Rancho Police Officers responded to assist the Rio Rancho Fire Department and conduct a welfare check. During the welfare check, Officers spent time counseling the individuals who resided at the residence regarding hospice care and advanced long term care services. Ultimately, Officers were able to help arrange alternative housing at a long term care facility for Juneanne Fannell before leaving the scene.

"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 scene indicated they cared for one another and were working to solve their long term health care and living situation needs.

"Based on the entirety of circumstances during the first call, there was no probable cause to conduct a criminal investigation or substantiate a significant danger of imminent personal injury as a result of either person having access to a firearm. Consequently, the Officers lacked authority to arrest, place into protective custody either party against their will, or file a petition pursuant to the Extreme Risk Firearm Protection Order Act.

"During the second call for service, the Rio Rancho Police Department conducted a thorough and complete homicide investigation and continues to cooperate with the District Attorney's Office prosecution of Henry Cardana."

Woman killed hours after Rio Rancho police respond to her home

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