The passenger who was riding in politically-connected lawyer Carlos Fierro’s car the night Fierro struck and killed a pedestrian will stand trial for vehicular homicide, state District Court Judge Michael Vigil ruled Monday.
The state is seeking to prosecute Alfred Lovato, 38, of La Madera, based on a 2009 case in which the state Appeals Court upheld a guilty plea on two counts of vehicular homicide for a Quay County man who was a passenger rather than driver of a car that struck and killed two people. In that case the defendant allegedly bought beer for himself and the driver after they had been kicked out of two bars and encouraged him to drive them somewhere to consume it, according to court documents.
Lovato is a former State Police sergeant who worked on Gov. Bill Richardson’s security detail, but is no longer employed by State Police.
A trial hasn’t been scheduled for Lovato yet, but will likely be set for sometime in the next six months, Lovato’s attorney Sam Bregman said. Vigil admonished prosectuors that unless they bring to trial additional evidence of Lovato’s wrongdoing, the case may be dismissed and not even go before a jury, Bregman said.
In addition to homicide by vehicle, Lovato is charged with leaving the scene of an accident involving death or great bodily injury and failure to stop and render aid. Fierro, 37, was convicted Oct. 2 of vehicular homicide.