Journal North:  Home | Sports | Opinion | Obits | Entertainment

          Front Page  north

Thursday, April 7, 2005

Anger Remains in Riders' Deaths

By Martin Salazar
Journal Staff Writer
    Bob Schwartz, the governor's crime policy adviser, will head to Denver later this month, hoping to convince motorcyclists there that New Mexico is not ignoring their pleas for justice in the deaths of two Colorado riders last Memorial Day weekend.
    Schwartz and Red River Mayor Craig Swagerty are slated to be in Denver April 17 to field questions from concerned Colorado residents. The meeting was organized by the Colorado Confederation of Clubs, an advocacy group for motorcyclists.
    "What we're looking for is just to find out what they're going to do about this accident," said the president of the Confederation of Clubs, who said he goes only by Diablo. Diablo said that from what he's heard about the case, the investigation into the collision was shoddy, and the case was on the verge of being swept under the rug.
    Schwartz said he hopes his visit will convince Colorado motorcyclists not to judge New Mexico solely on this incident. He said he'll also try to encourage Colorado motorcycle clubs not to boycott the Red River Run, a move called for by A Brotherhood Active Towards Education, another statewide motorcycle organization in Colorado.
    The Red River Run brings tens of thousands of motorcyclists to Red River and nearby Angel Fire and pumps hundreds of thousands of dollars into the area economy.
    Swagerty said he's concerned about the boycott, but his decision to go to Denver was not just based on the rally.
    "I'm there to answer questions," Swagerty said during a telephone interview Wednesday evening. "I'm there to let them know that yes, we do care about what happened."
    Leslie Walker of Pueblo, Colo., was killed on N.M. 38 between Questa and Red River when an unlicensed teen driver crossed over into his lane of travel. Walker's best friend, Timothy Serles, was riding just behind him and died a few days later at University of New Mexico Hospital in Albuquerque. Riding with the men were Kathleen Pullara, Walker's fiancee, and Serles' wife, Jennifer, both of whom were seriously injured in the crash.
    Involuntary manslaughter charges filed against the teen who allegedly caused the collision were dropped earlier this year, prompting ABATE of Colorado to call for its roughly 2,000 members to boycott the popular Red River Run.
    The case against the teen driver, meanwhile, has since been turned over to a special prosecutor for a fresh look.
    Ninth Judicial District Attorney Matt Chandler, who is now handling the case, said earlier this week that he still hasn't decided whether to prosecute Gerald Bailon.
    "We have requested that an accident reconstruction be completed by New Mexico State Police before we make any final determination," Chandler said. He expects the report sometime this month.
    Both the Governor's Office and Chandler have received numerous letters about the case, mostly from members of Colorado motorcycle organizations.
    Chandler declined to disclose what charges he may be contemplating against the teen, saying only that the decision on whether to charge Bailon will be solely based on the facts of the case and state law.
    Schwartz said the Governor's Office isn't pushing the prosecutor handling the case toward any decision. The governor, Schwartz added, merely wants to make sure that Chandler has all the facts and that his decision is a thorough one.
    Schwartz said he decided to meet with members of the Confederation of Clubs after the leader of the group sent a letter to Richardson, saying he wanted to hear from state officials about the case.
    Schwartz said he plans to brief the group on all that the Governor's Office has done since being made aware of the situation. He said Richardson's office has been involved at least since the fall, when the victims contacted the office.
    "We've spent hours and hours talking to the surviving victims," he said, adding that they have also spent much time talking to the District Attorney's Office in Taos, which originally had the case, and the district attorney who is now reviewing it.
    Schwartz said the Governor's Office had urged Taos District Attorney Donald Gallegos to transfer the case to another prosecutor. He said the Governor's Office also intervened when it was informed that the two surviving victims had not been interviewed.
    Pullara alleges that Bailon and the driver of another vehicle were playing "chicken" on the two-lane highway in a no-passing zone, switching lanes back and forth.
    Asked his opinion on how the case has been handled, Schwartz said he hadn't reviewed the entire file, but failing to get the victims' statements in a timely manner was "certainly an oversight."
    Schwartz said he also plans to tell the group that New Mexico law differs significantly from Colorado law, especially when it comes to charging juveniles.