Editorial: Lessons Will Come From a Difficult Case

A district court judge on Monday threw out vehicular homicide charges against the former State Police officer who was riding with convicted drunken driver Carlos Fierro the night Fierro struck and killed a pedestrian on a Santa Fe street. On Tuesday, a jury acquitted passenger Alfred Lovato of the remaining felony charge against him, leaving the scene of an accident.

Police arrested Fierro and Lovato in 2008 near Santa Fe Plaza not long after Fierro had struck and killed William Tenorio.

Fierro, a prominent lawyer and lobbyist, was convicted in 2009 on both a vehicular homicide charge and leaving the scene. Fierro still claims he was innocent and the pedestrian caused the accident. Nonetheless, he is currently serving time in prison.

The legal precedent for the charge against Lovato was a 2005 case in Tucumcari in which a passenger pleaded guilty to vehicular homicide charges after a DWI crash that killed two people. But in that case, as Judge Michael Vigil noted Monday, there was clear evidence of “a partnership” between the passenger and driver. The passenger bought the alcohol, for example, and insisted that the driver drink — and keep driving. Vigil said prosecutors hadn’t produced similar evidence against Lovato.

Based on the evidence presented, Vigil made the correct decision. And given his view of the evidence, it was the judge’s obligation to dismiss the charge — notwithstanding the fact that a cynical public might have been more convinced by a jury verdict that the former police officer didn’t get a break.

The idea of extending criminal liability to passengers in drunken-driving incidents is a new area of law, and it likely will be difficult to determine where the line should be drawn when it comes to responsibility.

By getting behind the wheel after a night of partying, Fierro clearly made the wrong decision, and he has been held accountable. But should Lovato have actively discouraged Fierro from driving? Should he have taken Fierro’s keys away or insisted they call a cab, or made sure one of them remained sober?

These are questions everyone in such circumstances would do well to consider — and not just because of the legal ramifications.

This editorial first appeared in the Albuquerque Journal. It was written by members of the editorial board and is unsigned as it represents the opinion of the newspaper rather than the writers.