By Roger Lanse

Friday, Aug. 29, 2024, at about 10 a.m., Bayard Police Department officers were dispatched to 711 Fahey Street in reference to Brandon Capshaw, 21, of Bayard, who was there requesting the neighbor to call police. Responding officers advised they responded to a call with Capshaw the day before and was told by him he did not want to give any information on what had happened, although he was beaten up and was cleared by GRMC-EMS.

According to a BPD offense report, Capshaw completed an interview and a written statement at BPD on 8/29/24, which said Jesse Madrid, 24, and Bryson McNeill, 37, both of Bayard, came to the house the day before, 8/28/24, and accused him of stealing a black box containing $500 worth of fentanyl. When Capshaw denied the accusation, he stated they held him down and stole his car keys and phone and Madrid stole his vehicle, a 2007 silver Pontiac, and parked it at 719 Lusk Street.

Capshaw further stated, the report said, the next day, Aug. 29, Madrid returned to the Fahey Street house with Andrew Marquez, 28, of Bayard, and possibly others, and tied his hands behind his back with black shoelaces, pistol-whipped him with a "9mm gun with a silver firing pin", which "they" also pointed at him, and "burnt" him, Madrid asking him, "Why you stole the shit?" After this, Capshaw said, they let him go and he ran for help.

During the interview, officers noticed Capshaw appeared "lethargic" and was transported to Gila Regional Medical Center for treatment.

Officers located the Pontiac at the Lusk Street address along with a cell phone and charger. Zaylene Chavez, 26, of Bayard, came out of the house as officers were investigating the stolen vehicle, and stated Madrid and Kassandra Pena, 31, of Bayard, were inside the house. According to the report, both Madrid and Pena were transported to BPD.

Chavez told officers it was common knowledge on the streets that Capshaw had stolen $500 worth of fentanyl and clothes from Madrid. At 8:30 a.m. the morning of 8/29/24, Chavez said Pena was telling Madrid to "pick up" Capshaw, and that a fight later ensued in the living room between Madrid and Capshaw. Pena recorded the incident on her cell phone, Chavez said, and Madrid and Marquez took Capshaw to a back room. Chavez said she never saw a gun or burn marks.

Chavez stated when BPD announced themselves, Pena gave her a phone and told her to hide it which Chavez did.

The Grant County Sheriff's Office and Hurley Police Department assisted by securing the home while search warrants were obtained for the residence and vehicle. Among the items seized from the searches were a "black BB gun with silver pin," and "black shoe laces in a trash can." The Pontiac was returned to Capshaw after he was released from GRMC.

Madrid was booked into the Grant County Detention Center, charged with kidnapping, tampering with evidence, aggravated battery with a deadly weapon, taking of a motor vehicle, possession of controlled substance, and larceny over $500. Pena was also booked into the GCDC charged with tampering with evidence and false imprisonment.

According to GCDC staff, Pena and Madrid were released the next day, Aug. 30; Pena on an unsecured bond of $10,000 and Madrid under a $35,000 unsecured bond.