Former State Police Sgt. Alfred Lovato has been charged with vehicular homicide and leaving the scene of an accident even though prosecutors have already charged Santa Fe attorney Carlos Fierro with being at wheel at the time of the fatal crash.
Investigators had initially said Lovato — a 17-year veteran of the State Police and a security guard to Gov. Bill Richardson — was a passenger when an allegedly intoxicated Fierro struck and killed San Felipe Pueblo resident William Tenorio, 46, in Santa Fe early in the morning of Nov. 26, 2008.
Fierro, 36, was charged with vehicular homicide and leaving the scene of an accident involving death in February, the same charges now faced by Lovato.
But a June 3 criminal complaint against Lovato, 38, states that Lovato was also at the wheel.
Count one of the complaint states that Lovato “did kill a human being, to wit: William Tenorio, while in the unlawful operation of a motor vehicle while driving while under the influence of intoxicating liquor …”
Count two of the court filing states that Lovato “did drive a vehicle involved in an accident resulting in great bodily harm to or death of William Tenorio, and knowingly failed to stop or remain at the scene of the accident …”
Lovato and Fierro each face up to 12 years in prison if they are found guilty on all counts, according to state statutes and sentencing guidelines. Neither man is currently being held in jail.
Tenorio was crossing Guadalupe Street in Santa Fe when he was struck by car that fled the area, Santa Fe Police Deputy Chief Aric Wheeler said. Witnesses provided police with information about the make, model and color of the car involved, and within two minutes that car was stopped at the corner of Grant and Marcy Streets.
“I think these are nothing more than retaliation against Lovato for exercising his Fifth Amendment rights and not testifying at Mr. Fierro’s (preliminary) hearing,” Lovato’s attorney Sam Bregman said Tuesday. “They have not one shred of evidence to support any criminal charges against Mr. Lovato. (Santa Fe Police Detective) Tony Trujillo committed perjury by swearing out a criminal complaint in which he stated my client was driving the automobile.”
Lovato resigned from the State Police three weeks after the incident. He is the brother of State Police Capt. Daniel Lovato, who heads the District 7 office based in Española.
Special Prosecutor Donna Bevacqua-Young did not return calls for comment by Tuesday night.
Bevacqua-Young submitted a Court of Appeals decision June 4 regarding a similar case, State vs. Patrick Marquez, that suggests the legal rationale for charging Lovato.
In the Marquez case, the state Appeals Court found that a passenger in a car that was involved in a DUI-related motor vehicle accident can be charged as a party to the crime committed by a defendant who was at the wheel when there is evidence of “shared intent of conscious wrongdoing.”
The Marquez case is not applicable to the case against Lovato, however, according to Bregman.
“That case had a completely different set of facts and in no way is applicable to Mr. Fierro or Mr. Lovato,” Bregman said. “According to that criminal complaint, they’re required to establish that my client was the driver of the vehicle and they’re never going to be able to do that. It’s wrong and vindictive and nothing more than retaliation. ”
Bregman said he is hopeful the charges will be dismissed at a June 15 arraignment in Santa Fe.
“My client is entitled to have the judge read the charges against him,” Bregman said. “At that point, the judge can make a determination as to whether this is complete garbage as a charge. He sat through the prelim hearing and knows full well my client was not the driver. Regardless, my client is going to plead not guilty.”
Trujillo and Fierro’s attorney, Jason Bowles, did not return calls for comment by Tuesday night.