Wrongful death lawsuit filed in 2016 shooting at marijuana growing compound

• Shot entered the back of the head, district attorney said

A wrongful death lawsuit was filed Monday in 12th Judicial District Court against Mandy Denson, individually and in her corporate capacity as the head of Compassionate Distributors Inc., a medical marijuana grower and dispenser.

The suit was filed by Stacy Aberle as personal representative of the estate of Chad Wayne Bailey, a 41-year-old former technician and repairman for local heating and air conditioning contractors, who died May 16, 2016. According to a medical examiner’s report, Bailey died from a gunshot wound to the head while living at a marijuana-growing compound in Nogal operated by Denson, a Ruidoso attorney.

Aberle is the biological sister of Bailey and appointed as personal representative of his estate. The statutory beneficiaries of Bailey are his wife, Robin Bailey, and his children, Kade Bailey and Jesse Bailey, a minor.

Denson could not be reached for comment.

The suit filed by J. Robert Beauvais as Aberle's attorney in Ruidoso states that prior to his death, Bailey was employed by Compassionate Distributors Inc.. He was married to Robin Bailey, but “had been engaged in a sexual relationship with the defendant, Mandy Denson, and had told her he was breaking the relationship to reunite with his family.”

The suit states that during March and April 2016, “a state of discord had developed in the extramarital relationship between (Bailey) and Mandy Denson related to (Bailey’s) stated intent to attempt a reconciliation with his wife and children.”

Denson,who also is listed as an attorney in Ruidoso, purchased a Taurus Judge handgun in April, which could “chamber and fire a .410-caliber shotgun shell and super .45-caliber bullet interchangeably,” the suit stated.

The suit contends a violent argument ensued between Bailey and Denson on May 16, 2016, at the marijuana compound, and that Denson had been drinking heavily during the night of May 15 into May 16. One or more Compassionate employees reported hearing gunshots coming from the residence and when they entered the home, found Bailey unconscious and bleeding from a gunshot wound to his head, and Mandy Denson holding his hand, the suit states.

“Subsequent investigation by the New Mexico State Police and an autopsy conducted by the Office of the New Mexico Medical Examiner established (Bailey) was shot with a .410 load containing individual pellets,” the suit stated. “The gun found in the bedroom was the Taurus Judge purchased and owned by Denson.”

The suit contends that forensic evidence collected and examined at the scene allegedly suggests Bailey was shot by Mandy Denson and did not die from a self-afflicted gunshot wound, and that she told an employee she shot Bailey.

The suit asks for damages for pain and suffering, funeral expenses, lost earnings, the intrinsic value of life, loss of consortium by the wife and minor child, and for the defendant’s wrongful acts and negligence. Robin and Jesse Bailey will continue to suffer from severe emotional distress, the suit states. Punitive damages also are requested.

After the Lincoln County Sheriff’s Office and New Mexico State Police investigated, the incident was turned over to a special prosecutor. But in May of this year, District Attorney John Sugg listed the case as closed without a determination if the death was suicide or a homicide.

Sugg concluded there was insufficient evidence to believe a successful prosecution could occur. However, the standard of proof is considerably less for a civil suit than for a criminal prosecution.

Some of the findings by the special prosecutor included that Bailey had been using illicit drugs before his death and that he had a turbulent relationship with Denson.

During an interview, Sugg said significant questions were raised, because the fatal wound occurred at the back of Bailey’s head, but one theory offered was that he may have turned his head as he shot the gun.