A Taos man accused of killing his girlfriend in a drunk-driving accident that occurred in April 2008 in Velarde is scheduled to stand trial Feb. 10 through Feb. 13 in state District Court in Tierra Amarilla, according to the District Attorney’s office.
Jose Escobar Herrera, 23, originally of Mexico, will be tried for vehicular homicide unless his case is rescheduled due to scheduling difficulties related to the District Court vacancy at the Tierra Amarilla court. The case could be moved to the March docket because both prosecutor Kathryn Thwaits and defense attorney Justin Lee requested more trial days than the February docket could accommodate, Thwaits said.
Herrera and his girlfriend Natasha Mondragon, 19, of Los Luceros, were driving separately south from Taos on State Road 68 April 13, 2008, when both rolled their cars and Mondragon was ejected. Herrera admitted that he lost control of his car and striking Mondragon’s Toyota Camry, forcing it off the road and onto its side, according to court documents.
Mondragon died at the scene, and Herrera’s blood alcohol concentration tested at .11 — over the legal limit of .08. Herrera also allegedly lied at first about his intoxication and his relationship with the victim.
Because of the complexity of the case, the state and defense requested five days for trial, but the trial has been scheduled for three and a half, the most that could be accommodated with Judge Stephen Pfeffer hearing the case in the absence of a new District Court judge based in Tierra Amarilla. Thwaits said that five officers, two civilian witnesses, an accident reconstructionist, a forensic pathologist and an analyst from the state crime lab will testify for the state. Herrera is a Mexican immigrant who will need a translator, further lengthening the trial.
The District Court judgeship has been vacant since last month, when Judge Timothy Garcia was appointed a state Appeals Court judge. A nominating committee slowed the process of appointing a new judge by recommending only one of six applicants to the job last month; Governor Bill Richardson asked for more applicants, who have until Feb. 16 to apply.
Lee could not be reached for comment.
Herrera is being held on $500,000 cash-only bond at the Rio Arriba County Jail in Tierra Amarilla.