Two men were killed Aug. 1 on Highway 84/285, north of Española, when a teenage driver made a left turn into oncoming traffic, according to police.
Nathan Morfin, 17, was headed south in his Chevy pick-up truck when he pulled into the center lane near Socorro’s Restaurant and turned left, according to dispatch logs. Leonard Maestas, 42, of El Guache, was traveling north on his motorcycle and rammed into the passenger side of Morfin’s truck. Maestas died instantly and Morfin’s 18-year-old passenger Michael Romero, of Chili, was fatally wounded, dispatch logs state.
According to Romero’s obituary, he was a student at Northern New Mexico College. Maestas was a Pittsburgh Steelers fan and avid motorcyclist who leaves behind four children, his obituary states.
Photos taken by investigators at the scene show Maestas’ motorcycle wedged into the truck’s passenger-side door; the bike’s speedometer was still frozen at 60 miles per hour when police arrived on scene, State Police Agent Joe Schiel said.
Photos also show what appear to be rolling papers and a bong laid out inside the truck, and State Police spokesman Peter Olson confirmed that there was evidence of illegal drug use.
Assistant District Attorney A.J. Salazar said several factors can affect whether and how the case is prosecuted, including driver error, impairment by either driver, and evidence of speeding.
“As prosecutors, we have to prove causation,” Salazar said. “When the officers told me, ‘Well hey, the driver of the truck said he’d been smoking pot all afternoon and all evening,’ and we find a bong in the truck, red flags go up. Not only can you be DUI from alcohol, you can be DUI from drugs, including marijuana.”
Salazar said the possibilities range from no criminal charges to a charge of homicide by vehicle. A vehicular homicide charge simply requires proof that a driver caused a fatal crash while under the influence of drugs or alcohol, or while operating the vehicle recklessly, Salazar said.
“You don’t have to go out intending to make it happen,” Salazar said. “It’s the impairment or the recklessness which the law is punishing.”
Regardless of what charges are brought, Morfin’s age will protect him from facing adult punishment — but just barely. He will turn 18 on Thursday (8/7). Under state law, offenders under 18 who commit homicide by vehicle are classed as “delinquents” and referred to juvenile probation services. It is not a crime for which juveniles can be sentenced as adults, unlike murder, aggravated battery, and other violent crimes.
Salazar said on the night of the crash, he advised State Police to contact the juvenile probation office, which must authorize the arrest of a juvenile. State Police Sgt. Chris Valdez said officers attempted unsuccessfully to reach the on-call juvenile officer several times, but finally released Morfin to his mother.