A 32-year-old man from Albuquerque with a previous run in with the state’s Children Youth and Families Department (CYFD) currently faces first degree criminal sexual penetration charges.
Michael Kimball, a former employee at New Mexico Early Learning Academy in Tijeras, is accused of raping a student at the school’s library in December 2023.
In an interview at the school, Kimball told police this was not the first time he had been questioned about misconduct while working in child care.
“Michael informed me there was a CYFD investigation conducted four years ago where he was the alleged perpetrator while he was working at Le Petite [Academy]. Michael didn’t go into the specifics of the investigation but stated he was cleared. Michael stated he only spoke with CYFD and did not speak with any law enforcement officer or detective,” the detective said in the report.
According to the criminal complaint filed in the Bernalillo County Metropolitan Court, a NM Early Learning Academy student disclosed the abuse to her mother a month and a half after the incident had occurred, stating that “Mr. Mike” had touched her genitals.
New Mexico Early Learning Academy provided a statement emphasizing the safety and well-being of the children under their care.
“Our organization is fully cooperating with BCSO detectives. When we learned of the allegations in December 2023, immediate action was taken. The individual in question was placed on suspension pending a thorough internal and external investigation. He is no longer employed by our school and has not been on campus since the investigation began,” NM Early Learning Academy said.
The academy also confirmed that a background check was conducted and Kimball’s previous investigation did not appear “because it was unsubstantiated.”
During an interview with a detective, the mother of the alleged victim said her child “started to give signals that she didn’t want to go back to NM Early Learning.” She believed it was because her child was having trouble making friends at school.
The student’s mother also stated she delayed reporting the abuse because she was “afraid” of reliving past trauma her daughter endured while living in Honduras. The mother initially reported the incident on Dec. 1, 2023.
A forensic interview was conducted at All Faith’s Children Advocacy Center on Dec. 7, 2023. During the questioning, the student provided detailed information consistent with what she initially revealed to her mother, according to court documents.
The information included in-depth details of where and how the incident occurred, including the location of where the alleged crime took place and the student explicitly saying “no.”
On Dec. 8, 2023, a detective visited the school to interview Kimball. The school provided his personal information and start date.
NM Early Learning Academy told the detective they were unaware of any issues and that the child stopped attending school about four months after Kimball was hired.
Kimball denied the accusations as well as touching any of the children he was in charge of. He stated that if “potty” accidents occurred, there could be a slight chance he might have needed to touch the child’s undergarments, but the probability was low.
After the DNA was collected from Kimball and the student in Dec. 2023, New Mexico Scientific Laboratories took nine months to provide law enforcement with the test results.
“All law enforcement agencies across the state utilize the state labs, and it’s more common than not, unfortunately, for DNA results to come back to us over a year later after an investigation begins,” said BCSO Public Information Officer Jayme Fuller-Gonzales. “Delay in DNA processing is tough because we can’t circumvent the system, and our hands are tied with what we have to deal with.”
Fuller-Gonzales said once the DNA was processed in September, police were able to move forward with the investigation and arrest Kimball.
Kimball was detained and booked into the Metropolitan Detention Center on Nov. 25.
Authorities cite consistent statements from the child and DNA evidence as key factors in the ongoing investigation, and prosecutors seek to detain him until a trial takes place.
The Independent contacted Kimball’s lawyers at Jones Law Firm, LLC, but did not receive a response before press time. CYFD was also contacted, but also without a response.