NEW MEXICO (KRQE) – More than a decade after a horrific crime, New Mexico’s Supreme Court is upholding a decades-long sentence for a convicted rapist who almost killed his victim.
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“How are other survivors or other victims going to have hope for justice to be served when it’s taking this long for mine you know?” That’s Briana Chavez speaking up in 2015, seeking justice for what happened on the night that changed her life.
Now, ten years after first telling her story, the State Supreme Court said the man convicted of attacking Chavez will stay behind bars with the sentence he received back in 2017.
“I struggle every day. I tell everyone I’m okay and I put on a brave face so others can be okay. I’m not okay. I’m far from okay. He has robbed me of my judgment, my trust, self-confidence, and my worth… he deserves the maximum sentence,” Chavez said during a 2017 sentencing hearing for Joseph Apodaca.
Chavez was attacked in 2014 after reconnecting with a former classmate on social media named Joseph Apodaca. The two met up at a downtown Albuquerque nightclub. After a night of drinking, Chavez woke up in the hospital with doctors saying she’d been violently raped and nearly killed.
Apodaca was charged after leaving Chavez alone in her car in a Belen parking lot where her father found her hours later, unconscious and covered in blood.
In 2017, Apodaca was sentenced to more than three decades in prison for rape and tampering with evidence. That sentence was initially overturned with appellate judges saying jurors should have considered that Apodaca could have mistakenly and reasonably believed the victim consented.
On Thursday, the New Mexico Supreme Court rejected the appeals court’s decision, reinstating Apodaca’s original conviction. It assures he’ll stay in prison to serve his 36-year sentence.
KRQE News 13 heard from Briana Chavez’s mother over the phone on Thursday who said the family is grateful for the supreme court’s decision.
The New Mexico Department of Justice sent KRQE this statement:
We are pleased that the New Mexico Supreme Court has unanimously upheld justice by reversing the Court of Appeals’ decision and affirming Joseph Apodaca’s convictions. This ruling ensures accountability for the serious crimes committed and affirms the integrity of our judicial process. The Court rightly rejected Apodaca’s attempts to shift blame and undermine the victim’s experience. His actions resulted in significant harm, and today’s decision upholds the jury’s verdict, and the 36-year sentence imposed. Our office remains steadfast in our commitment to seeking justice for survivors and ensuring that those who commit acts of violence are held fully accountable under the law.