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New Mexico Man Convicted A Second Time For Deadly Crash

August 7, 2017

After having his first convictions for vehicular homicide and other charges including DWI overturned on appeal, a 62-year-old New Mexico man has once again been convicted in the death of a motorcyclist back in 2011.

The man, who lives in Rio Arriba County, was originally tried and convicted for a crash that killed a 51-year-old man and seriously injured his wife. It occurred over the Memorial Day holiday on the High Road leading to Taos, near Cimayo. The man allegedly crossed the center line and ran into a motorcycle, including the man who died and his wife. Another motorcyclist was also injured in the crash.

After the fatal collision, police said that they found the man in his home where he was drunk and in possession of the keys to his truck, which he left at the scene of the crash. He claimed that his truck had been stolen.

However, the New Mexico Court of Appeals overturned the verdict in 2015. The court ruled that since the police didn’t have a warrant to enter the man’s home after the crash, the evidence that they found there should not have been allowed to be presented during the trial.

Prosecutors argued in the appeal that deputies entered the man’s home because they were concerned for his well-being, and therefore they didn’t require a warrant. However, the appeals court determined that “deputies did not have reasonable grounds to believe that the Defendant might have been injured to an extent requiring their immediate entry and assistance.”

It was not reported whether the evidence obtained by deputies that night at the man’s home was allowed to be presented at the retrial. However, a jury found him guilty of vehicular homicide, causing great bodily harm and leaving the scene.

Motorcyclists are among the most vulnerable people on New Mexico’s many winding, majestic roadways. Motorists responsible for crashes that injure and kill motorists can face serious criminal consequences. However, victims and surviving loved ones can also hold them civilly liable for the costs of medical care, lost wages and other damages caused by their recklessness.

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