A Kirtland man, whose dog was shot and killed by the San Juan County sheriff, admitted he was at fault in the Feb. 7 incident in Farmington that led to the shooting.

“I assaulted Shane Ferrari by throwing a pipe that caused him to believe he was in danger of receiving a battery,” Jaime Nino, 43, said Thursday in the 11th Judicial District Court. “I operated a motor vehicle in an inattentive manner. … I failed to obey a traffic light.

Nino entered a plea agreement in front of District Judge Karen Townsend, and he admitted to assault, careless driving and failure to obey traffic control devices. Previous charges of a fourth-degree felony aggravated assault and reckless driving were dismissed under the agreement.

The charges stem from an incident in which Nino was observed by San Juan County Sheriff Shane Ferrari “driving erratically near the Farmington Police Department by illegally passing other vehicles and running a stop light,” according to the affidavit for arrest warrant.

Ferrari, who was driving his personal Ford F-350, followed Nino and observed him violate more traffic laws. This was until Nino eventually pulled into a parking lot at 737 West Arrington Ave. and sat in his vehicle, according to court records.

Ferrari pulled in the lot and “decided to stop and contact him,” because he thought Nino “might be intoxicated, and/or passed out,” the affidavit states.

This is when Nino got out of his vehicle “carrying a metal pipe,” which was approximately 2 feet in length and 1.5 inches in diameter in his hand. He “began approaching him (Ferrari) screaming, ‘Get the (expletive) away from me,’” the arrest warrant states.

Police reported in the affidavit that Nino was both “aggressive” and “menacing” with the pipe. “Nino appeared to be aggressive throughout the entire encounter,” the affidavit states.

Ferrari said he took out his gun and identified himself as the sheriff and told Nino to get back, but the man “raised the pipe and began to charge him,” the affidavit states.

Ferrari told police “he was in fear of receiving an immediate battery,” because of Nino’s movements with the pipe, the affidavit states.

While Ferrari attempted to diffuse the situation with Nino, the man’s dog “exited the car and ran toward” the sheriff, who shot and killed the dog, the affidavit states.

No wrongdoing was determined with regard to the Ferrari’s actions; however, the sheriff came under public scrutiny in the case because he was driving his personal vehicle and was not in uniform. He did share New Mexico Statute 4-41-10, Right to carry arms; deputies, appointment, (2006):

“All sheriffs shall at all times be considered as in the discharge of their duties and be allowed to carry arms on their persons.”

Ferrari did not comment in court as to the sentencing of Nino, however, Nino spoke to the judge, saying that he is studying for an associate degree in human services with a focus on substance-abuse counseling.

Nino had a prior felony drug charge when he was 18, but has no other criminal history, according to defense attorney Shellie Patscheck. “We think this is a good resolution for both sides,” she said.

Nino told the court he was on his way to Cottonwood Counseling the day of the incident. He was working on a “service learning” project and had to do an observation.

Townsend listened and followed sentencing recommendations from the San Juan County District Attorney’s Office. She gave Nino a deferred sentence placing him on six months of supervised probation. She also ordered him to remain “compliant with his medication regime and continue treatment with PMS,” according to court records.

Nino also was ordered to remain “enrolled at and in good standing with San Juan College” until his graduation in May 2024.

Ferrari did speak to Nino after the sentencing and the men shook hands, with Ferrari offering to be there for him

“Mr. Nino is trying to improve himself, and he’s got some personal struggles he’s dealing with,” Ferrari told the Tri-City Record. “It’s our position to make sure that people can recover – get the help they need to become productive members of society.”

Ferrari said the plea offer was fair and his office will provide Nino with the resources he needs to be successful.

“Anything he needs and struggles he had in life, I’m there for him, the Sheriff’s Office is there for him,” Ferrari said.