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IF VICTIMS DESERVE BETTER THE RECORD · THE QUESTIONS · THE TRUTH

People · Deputy

MIGUEL BITTONY

Primary responding deputy, principal interviewer on the available bodycam, and author of the investigative report.

Official contact

Email: miguel.bittony@co.mckinley.nm.us

MCSO office: (505) 863-1410

Office address: 1000 East Aztec Avenue, Gallup, NM 87301

Office hours: Monday–Friday, 8 a.m.–5 p.m.

Source: Miguel Bittony’s MCSO business card, front and back, provided to the passenger on July 16, 2026.

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?

His recorded reassurances

Savannah Benally: the approval

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?

Benally’s responsibility

James Maiorano III: the defense

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?

Maiorano’s responsibility

A warrant is not a recovery plan.

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.

Last heard from

No direct email located

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.

See the later narrative and signed complaint

Direct email correspondence reviewed through October 13, 2026. This status does not establish whether any later phone or in-person contact occurred.

Group award photograph with Sheriff James Maiorano III first and Deputy Miguel Bittony third from the left
User-provided image · Sheriff James Maiorano III is #1 from the left; Miguel Bittony is #3.

Deputy · McKinley County Sheriff’s Office

Documented role in this case

ResponseResponded to the July 16 Greyhound incident.
InterviewConducted the principal recorded questioning of Shubham.
ReportAuthored the investigative report.
Key evidence pagesLanguage, six touching moments, ten alternative explanations, nine reassurances, money/fraud discussion, report comparison.

Original report · September 9 narrative · September 10 complaint

The passage remained in the narrative sent to the DA. It was absent from the signed complaint.

The continued-contact wording can be followed through three documents:

1. Original report

The passenger’s account includes the words “continued to feel Shubham’s hands and fingers” and describes her immediate confrontation.

Read the report, page 2

2. September 9 narrative

Bittony’s email to Bernitz lists a Word attachment. The reproduced narrative retains that continued-contact passage.

Read the produced narrative, page 2

3. September 10 complaint

The complaint signed by Bittony omits the passage. The passenger’s paragraph moves from “However, she” directly to “told Shubham to stop”.

Read the filed complaint, pages 2–3

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.

Read the exact side-by-side wording and oath · Records sought to explain the change · Bernitz’s dated responses

Record issues tied to Bittony’s own actions

Translator request

Shubham requested a translator, described his English as limited, and was questioned about the allegation.

VIEW →

Question framing

The timestamp review identifies six generic touching formulations and ten exculpatory explanations.

VIEW →

Reassurances

Nine reassuring or minimizing statements are identified while the investigation was still underway.

VIEW →
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.”
WATCH BITTONY’S BODYCAM → WHAT CAN I DO? →

Additional information

Public employment record

Publicly documented MCSO span
2019–2026
Certification record
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.