The wrongful death lawsuit also names the woman’s parents as defendants for letting their daughter drive a car that was registered to them.
According to a criminal complaint from the Santa Fe Police Department, officers responded to a wreck at the Cerrillos Road and Interstate 25 interchange around 8:30 p.m. April 16.
Kasey Weaver, 24, was being treated by paramedics on the scene while her passenger, 24-year-old Kit Duane Francis II, had already been transported to the hospital. Weaver told police that she was driving her 2002 Saturn southbound on Cerrillos Road headed back to Albuquerque and tried to stop when she noticed the light was red, but she collided with a Toyota Corrolla.
Francis was ejected from the car and is believed to have gone through the windshield, according to the wrongful death suit filed in Santa Fe District Court Thursday.
Francis was airlifted to University of New Mexico Hospital in critical condition. His father told police that he was taken off life support at 7:30 p.m. April 25 and died about 30 minutes later, a supplemental SFPD report says.
Weaver was charged with great bodily harm by vehicle while driving under the influence and careless driving after she admitted to officers that she had three or four drinks and took two prescription pills used to treat anxiety earlier that day. She was booked into the Santa Fe County jail and was released on a $2,500 unsecured bond.
At this point, she has not been charged with vehicular homicide over Francis’ death. SFPD spokesman Greg Gurule has said in the past that a defendant is typically charged with vehicular homicide if someone they injure in a drunk driving crash dies. He reiterated Friday that once a death is confirmed, a “supplement” is filed to show the charges have been changed.
The lawsuit says Weaver’s parents were negligent in allowing Weaver to drive their Saturn because “they knew or should have known that (Weaver) was a negligent driver.” Weaver had previously been charged with minor traffic crimes in Albuquerque Metropolitan Court, but they were all dropped.
The driver of the Corolla she collided with was taken to the hospital and later released.