Identificaciones de scstroller

The second photo is brightened to show the red or red/black malar stripe better. This bird was farther south when we first heard it. Then it called and flew upstream. We later found it near the junction of the Bench Trail with the dirt road.

I really thought this was a Merlin then after looking through my lens a Prairie Falcon. . . but after reviewing these images I’m not sure. The colors were very dark, and the wings look to reach the tip of tail?
Thoughts?

After moving this snake off a busy road and watching it slink away into the brush, I noticed a red-tailed hawk observing me from a nearby tree and felt marginally bad about my intervention. The raptor probably would have had a good lunch if not for my efforts. . .