October 2, 2026 · Failed to appear · Bench warrant · NO BOND
You had him in front of you. Now the court has a warrant.
Bittony investigated. Benally approved. Maiorano called it “sufficient.” Shubham did not appear. When the case was called at 8:40 a.m. Mountain Time on October 2, Judge Tina Garcia granted a bench warrant with no bond. The question for MCSO is now brutally practical: how are you going to find him and get him back before the court?
The out-of-state problem was in your own report.
Bittony’s July 16 report records the single-name entry as “SHUBHAM, NO GIVEN NAME,” lists Fayetteville, Georgia, and describes an interstate bus journey. These were facts available during the investigation. The locating record also raises a different ticket-associated name, a reportedly disconnected telephone number, and an address without an apartment or unit designation. By September 10, the DA’s correspondence still acknowledged uncertainty about the unit.
Writing down an answer is not verifying it. An out-of-state address is not a plan for finding someone later. A single legal name is not itself evidence of deception; the investigative question is whether the identity entries were reconciled and the contact details checked. The published record does not establish those independent checks or a reliable plan to locate him after departure.
Miguel Bittony: the investigation
You questioned him, recorded his information and told him he would not be arrested. What did you actually verify while he was still there? Where are the records showing a working contact route, a complete address and reconciliation of the names?
The report names you as reviewer. Maiorano says you approved the investigation. What did you check about the recorded name and Georgia address? If these problems passed your review, what protection did that review provide?
You said you reviewed the report and video before calling the investigation “sufficient.” The out-of-state entry was on the face of that report. What verification or follow-up did you require before defending the work?
Who is assigned to locate Shubham? What identity and contact information has now been verified? What are the warrant’s pickup limits? Will the District Attorney seek his return if he is found outside New Mexico—and who will arrange it? If the plan is to wait for a chance encounter within the warrant’s limits, MCSO and the DA should say so plainly.
The victim showed up. The defendant did not. The people who investigated, approved and defended this work owe an answer that goes beyond “sufficient.”
The chronology matters: Bittony’s on-scene handling, Benally’s documented review and Maiorano’s later defense are distinct actions. The unanswered questions concern what each checked and knew at those stages; the failure to appear does not by itself establish why Shubham missed court.
No direct email from Bittony to the passenger was located in the reviewed correspondence. His July 16 on-scene role is documented; the September 9 narrative email to the DA and September 10 signed complaint are later case actions, not replies to the passenger.
Documented: Bittony authored the report, sent the September 9 narrative and signed the September 10 complaint. Unresolved: who edited the text, why it changed, and who reviewed that change before filing. The produced email printout is not the native Word file or its revision history.
The driver-attributed paragraph still contains a private-area reference. The comparison concerns the missing passage in the passenger’s own account.
This profile separates documented statements and actions from questions about whether those choices met policy, training, or investigative standards.
6 TIMES THE ALLEGATION BECAME JUST “TOUCHING”
Bittony already knew the female passenger had reported multiple instances of touching of her butt and private area.
20:12
“She said that you were touching her.”
20:18
“With your hand. Touching her?”
21:52
“Why would she say you were touching her?”
25:32
“You didn’t touch her? Maybe you were sleeping.”
27:20
“The female is saying that he was touching her.”
27:27
“Why does that lady say he’s touching her?”
28:31 — “But the girl was saying that he was touching her butt.” This is the only identified buttocks-specific formulation. The full allegation involving both her butt and private area still is not clearly presented to Shubham on the available recording.
10 INNOCENT-EXPLANATION MOMENTS
1. 18:19
“You don’t know? You were sleeping, maybe?” Sleep explanation supplied by Bittony.
2. 21:20
“She was moving all over the place?” Movement explanation supplied by Bittony.
3. 21:38
“She’s just moving around all over?” Movement explanation reinforced by Bittony.
4. 21:44
“Does she get in your space, in your seat?” Shubham: “No. I’m sitting this in my area only.” Seat-space explanation supplied by Bittony. Rejected by Shubham.
5. 22:14
“Maybe your bag?” Shubham indicates his bag was positioned in front of his seat. Bag explanation supplied by Bittony.
6. 25:32
“You didn’t touch her? Maybe you were sleeping.” Sleep explanation reintroduced by Bittony.
7. 25:40
“Maybe you were sleeping and your hand like this?” Bittony physically demonstrates the accidental hand movement he is suggesting. Shubham: “No, no, no.” Accidental-contact explanation supplied and demonstrated by Bittony. Rejected by Shubham.
8. 28:38
“She kept moving around.” Movement explanation reintroduced by Bittony.
9. 29:10
“When she was moving around, did she move into his space?” Seat-space explanation supplied by Bittony. The civilian assisting with translation responds: “He just listen to music.” That response does not support Bittony’s suggestion that she moved into Shubham’s space.
10. 29:31
Bittony asks again: “Did she move into his space?” The civilian assisting with translation, not Shubham, initially answers: “Yeah.” Bittony immediately repeats the proposition. The subsequent response contains: “No.” “Only in her space.” “her seat.” The “Yeah” did not come from Shubham. The seat-space explanation originated with Bittony, not from an unsolicited account by Shubham.
WHY IT MATTERS The issue is not that an investigator considered innocent possibilities. It is who supplied those possibilities, when they were supplied, and what happened when Shubham rejected or failed to support them.
9 REASSURANCES
22:43
“It doesn’t mean you’re going to jail with me.”
31:17
“So he’s not going to be arrested or anything like that.”
31:52
“He’s not going to be arrested. It’s just I’m going to do a report.”
34:47
“He’s not in trouble with me.”
34:47
“You’re not going to go to jail.”
36:34
“Then it’s nothing.”
36:46
“Just don’t think about it too much.”
41:01
“It’s okay, man. You’re going to be okay.”
41:12
“Yeah. It’s unfortunate, but you’ll be fine.”
FIVE SECONDS APART 34:47 — “You’re not going to go to jail.” 34:52 — “I have to gather all the evidence to put it together into a report.”
Issued November 8, 2019 · MCSO listed as employing agency
2025 position
Deputy · Sheriff Patrol
2025 annual salary
$67,048.80
County payroll reports reviewed
Listed in 2024 and 2025
The 2019 certification record establishes documented MCSO service by that date; it is not presented as an exact hire date or a measure of completed years of service. The salary is the annual salary listed in McKinley County’s 2025 report, not overtime, benefits, take-home pay, or total compensation.