Cruces man to face first-degree murder charge in pedestrian's death.

 

The 18-year-old man who is accused of running down two pedestrians in Las Cruces last month, killing one of them, was indicted Thursday on charges of first-degree murder, aggravated battery with a deadly weapon, leaving the scene of a fatal accident, leaving the scene of an accident, reckless driving and attempted escape from jail, the Las Cruces Sun-News reported on its Web site today.

Jeremiah Kenneth Dowling remains jailed on a $120,000 bond, which prosecutors want raised to $250,000, the Sun-News reported.

Dowling is accused of running down Andrea Thomas, 30, at a Las Cruces intersection around noon on Dec. 21, then minutes later running into Sharon McNair, 57, at another intersection just a few blocks away, the paper reported.

McNair died at the scene, and Thomas suffered a serious arm injury, according to the Sun-News.
Prosecutors are seeking a "depraved mind" first-degree murder charge, claiming Dowling was driving so erratically he had to know his actions would lead to someone's death, the Sun-News reported.

But Dowling's attorney, C.J. McIlhinney of Las Cruces, said the charge is far too severe, that the death was accidental, not intentional.

"What we have here is an 18-year-old kid who made a bad mistake in judgment, but that doesn't make him a murderer," McIlhinney told the Sun-News.

If convicted on all charges, Dowling could face 38 years in prison. But McIlhinney believes a more appropriate charge would be vehicular homicide, which carries a six-year prison sentence, the paper reported.

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