Copyright © 2021 Albuquerque Journal
An ATV driver who was drunk when he plowed into a woman during a 2019 fireworks show has been convicted of assault resulting in great bodily injury.
The federal jury also found Julian Lucas Garcia III, 33, guilty of operating an off-highway vehicle while under the influence of intoxicating liquor or drugs and operating an off-highway vehicle on a paved road, both resulting in bodily injury.
Garcia, of El Guique, faces up to 12 years in prison; his sentencing is set for January, according to a news release from the U.S. Department of Justice.
On July 4, 2019, a San Ildefonso Pueblo woman – referred to only as Jane Doe by the Justice Department – was among hundreds of onlookers gathered to watch the fireworks show on the shoulders of a road south of Ohkay Owingeh Casino, according to the release.
“After dark and immediately before the fireworks began, Jane Doe was crossing the two-lane, paved road when Garcia revved his engine and accelerated,” the DOJ said. “Garcia struck Jane Doe, throwing her into the air and 69 feet down the road.”
The release says witnesses, law enforcement and hospital staff testified that Garcia smelled of alcohol and appeared intoxicated.
“During questioning by law enforcement, Garcia refused his consent to provide a blood alcohol sample,” the release states.
The woman suffered a traumatic brain injury, broken ribs, a knee injury, and “required months of treatment in intensive care and multiple surgeries,” according to the release. The woman now uses a wheelchair, suffers from memory loss and is “unable to perform day-to-day functions to care for herself.”