By Wren Abbott
SUN Staff Writer
A preliminary report on the triple fatal collision near Coyote in April suggests a suspected drunk driver was not at fault in the two-car accident.
A Dodge Durango driven by Richard Vialpando, 22, was hit by a Chevrolet Cavalier driven by Alfred Jaramillo, 21, about 11 p.m. April 13 on State Road 96 east of Coyote, according to the Rio Arriba County Sheriff’s Department report. The crash killed Vialpando, Jaramillo, and James Jaramillo, who was Alfred Jaramillo’s 23-year-old brother and only passenger. The two passengers in Vialpando’s car — Larry Martinez, 53, and Baltizar Martinez, 53 — survived the crash.
In statements made immediately after the accident, deputies said it appeared both vehicles crossed the road’s center line. However, the report states that only Jaramillo’s car crossed the center line before hitting Vialpando’s westbound vehicle. Had Vialpando’s car crossed over to the opposing lane at the point of impact, damage to it would have been more centered, the report states.
Vialpando’s car came to rest in the middle of the westbound lane, at about an 80-degree angle pointing north, the report states. The Jaramillos’ car ended up off the road, about 15 feet south of the eastbound lane, facing east. Skid marks in Vialpando’s lane show he apparently braked to avoid colliding with the Jaramillos; an absence of skid marks shows Alfred Jaramillo did not use his brakes.
“Just for argument’s sake, if this were a final report, the liability would fall on the Jaramillos,” deputy Martin Trujillo said.
Deputy James Lujan said empty and unopened beer cans and an empty tequila bottle that allegedly came from the Durango were found in the road. The report doesn’t mention the tequila bottle, but says a broken whiskey bottle of unknown provenance was found at the scene. The report also states that Vialpando had two unopened beer bottles in his pants pockets.
Toxicology test results for Vialpando or Alfred Jaramillo have still not been released. Typically these test results are available within about six weeks from the time they are submitted to the state crime lab, but Trujillo said the case may be a low priority for the lab because there is no potential for criminal charges being filed against the parties involved since both drivers are deceased. The Department produced its preliminary report before these findings were available because the insurance companies, needing it to process claims, were asking for it, Trujillo said.
Trujillo said the Department’s conclusions about the case could change once toxicology test results come back.
There is other circumstantial evidence suggesting Vialpando was driving under the influence on the night of the crash in addition to the liquor found at the scene. Lujan had a conversation about drinking and driving with Larry Martinez after the crash, though Larry Martinez did not explicitly tell Lujan that Vialpando had been drinking, Lujan said. About six hours before the crash, a manager of Bode’s General Merchandise in Abiquiú called 911 to report that the same Dodge Durango was being driven erratically by someone who appeared to be drunk.
Vialpando pleaded guilty to driving under the influence in 2007 for a 2006 offense in which he was charged with driving with a blood alcohol concentration of .18, or more than twice the legal limit. Like the April accident, the incident happened on State Road 96. Vialpando caught a forest service officer’s attention when he was weaving and forced two westbound cars onto the shoulder to avoid a collision, according to court documents.
Wrongful Death
The Jaramillo family has hired a law firm to research whether they should file a wrongful death lawsuit, according to an employee of Prince Schmidt and Korte law partners in Santa Fe. The employee said the firm is trying to get 911 dispatch logs for the Bode’s General Merchandise 911 call. State Police did not send any officers out to Bode’s in response to that call, as none were available at the time, Capt. Daniel Lovato has said.
The Prince Schmidt and Korte employee would not confirm whether the complaint would be directed at State Police, or whether the Vialpando family might also be a target. She said no tort claim (a letter stating a party’s intent to file suit) has been sent to anyone.
Trujillo said a wrongful death lawsuit might result from the accident, and said that’s part of why it took the Sheriff’s Department so long to write a report.
“We’re trying to be very cautious,” Trujillo said. “Especially with three fatalities, we want to cover all the bases.”
The Jaramillo family did not return calls for comment.
Vialpando’s mother, Juanita, was reached on her cell phone as she was arriving at the Department’s Española office last week to pick up her copy of the report. She reacted with relief when told of the report’s conclusions.
“I knew it, I knew it,” Juanita Vialpando said. “Yesterday I went to where (Vialpando) died, and I was just there praying where we put the cross. I don’t know if it was my imagination or if it was the truth but while I was there praying something told me, ‘You’re going to hear something good tomorrow.’ Thank God!”