Two passengers in the car that allegedly caused a fatal crash April 2 in Pojoaque were sober, according to Santa Fe Sheriff Greg Solano.
Solano said he spoke with the state Office of the Medical Investigator May 11, and this supports the Department’s theory that the passengers Robin McFarland, 32, of Las Vegas, and Nick Lawrence Sandoval, 48, of Española, were keeping Richard Dominick Rael’s car running despite the fact that his car had an interlock device and his blood alcohol content was 0.246, or triple the legal limit.
Rael, 29, of Española, and the two passengers were all killed in the crash on Highway 84/285 when Rael’s 1995 Ford Escort left the southbound lane and crossed into the northbound lane, where it hit two vehicles whose passengers were not seriously injured.
“It’s always been our theory that one of our passengers blew into the interlock to keep it running,” Solano said. “This definitely makes our theory plausible.”
Solano said the vehicle needed a sober driver to start the ignition and then it stopped for a random retest 34 minutes prior to the crash. Both breaths recorded by the machine had a blood alcohol reading of 0.0. The interlock device and the car turned off just after the crash occurred, Solano said.
Also supporting this are statements from a witness who claims he was cut off by Rael’s car shortly before the crash, according to Solano. He returned to the crash scene about one hour after hearing about it and told deputies that he had caught up to the Rael after being cut off and saw a woman, McFarland, slumped over sleeping. He said the driver looked as though he was slightly slumped over, too, with a cigarette in his mouth.
Solano said the witness did not report the incident, because he didn’t believe the driver was drunk.
The Department still does not know how fast the car was going or how Rael ended up in the other lane. Solano said a complete crash report should be completed in about one week.
The Department learned April 12 that Rael had been driving drunk. Solano said the scene was littered with broken and unopened beer bottles.
Rael had a plea hearing in Rio Arriba County Magistrate Court scheduled for April 5 on charges of driving under the influence, harassment, disorderly conduct and resisting or evading an officer. Ahead of this hearing, Rael’s family said he installed an ignition interlock device on his vehicle ahead of the trial because he knew he needed to renew his license soon.
According to an online court record database, Rael was found guilty in Española Municipal Court of aggravated driving while intoxicated in 1999 and 2003.