A Farmington man accused of a double homicide on Oct. 21, 2024, has sent letters to the 11th Judicial District Court demanding discovery and asking that his case be dismissed.
Andrew Whittenberg, 36, was charged with two counts of first-degree murder, a second-degree felony count of aggravated burglary, a third-degree felony count of tampering with evidence, a third-degree felony count of felon in possession of a firearm and a fourth-degree felony count of larceny of a firearm.
The charges are connected to the shooting deaths of Farmington residents Kelly Heath, 46, and Brent Francis, 25.
Heath was Whittenberg’s girlfriend and had a prior association with him, while Francis was a bystander arriving at work.
Whittenberg’s letters included a Feb. 19 emergency pro se omnibus motion, a Feb. 26 motion to dismiss, a March 16 motion for discovery and a March 30 motion to dismiss, according to court documents.
The letters were forwarded to defense attorney Marie Legrand Miller because they did “not contain a request to dismiss counsel or to appear pro se,” according to a certificate of service acknowledging receipt of the documents.
Whittenberg wrote the letters while being housed in the New Mexico Department of Corrections after District Judge Curtis Gurley signed an Oct. 14, 2025, order of safekeeping.
The order followed a Sept. 23, 2025, motion to transport submitted by special prosecutor Andrea Reeb, who requested that Whittenberg be removed from the custody of the San Juan County Detention Center and placed into the custody of the Department of Corrections until his jury trial.
Whittenberg’s trial is scheduled for July 20 in district court in Aztec.
In her motion, Reeb stated that Whittenberg “is requesting to go to the Department of Corrections” for safekeeping and that the defense attorney agreed.
San Juan County Detention Center Administrator Daniel Webb said he was not aware of Whittenberg requesting to leave the facility, but jail officials agreed it would be a good idea to move him.
Webb said Whittenberg posed a “potential liability and threat” to staff at the San Juan County facility.
“He was already talking to another detainee about wanting to escape. … He absolutely intended to not be in here and have an opportunity to escape,” Webb said. “We don’t want him sitting in here picking up charges.”
Whittenberg has a history of escape, having “successfully escaped custody in 2012,” according to a March 4 memorandum provided to the Tri-City Record by San Juan County.
The memorandum, written by jail Lt. Robert Shuttleworth to Webb, listed at least six aggressive incidents involving Whittenberg, jail guards and other detainees.
The incidents show a “pattern of defiance, possession of contraband, staff assaults and now a potential escape plan involving a weapon,” which was described as being “a knife approximately four to six inches in length,” the document stated.
“Whittenberg’s behavior over the past year has also shown a consistent pattern of physical aggression, manipulation and disruption of operations,” the memorandum stated.
The incidents included throwing items at guards, taking food from a cart, possessing homemade alcohol, refusing orders and smashing a guard’s fingers.
Whittenberg will remain housed at the Department of Corrections until his July trial, when he will be transported by the San Juan County Sheriff’s Office back to the San Juan County Detention Center.
Upon his return, he will be kept “in maximum security, which is controlled housing.”
“We can safely house him now, but with his threats to escape and violence on staff,” Webb said. He added that it was best to move him and that it was apparent Whittenberg showed intent “to commit some violent action.”
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