AG frustrated as court ruling would reduce prison time for killer in River of Lights case

A new state Supreme Court ruling linked to “good time” credits will knock five years off the time that Sergio Almanza spends in prison for killing a 7-year-old boy outside the River of Lights festival in December 2021.

The high court, in a different case, concluded this week that state law effectively classified “homicide by vehicle” as a nonviolent offense, and therefore those convicted of the crime would be eligible for a 50% good time credit.

Almanza, 30, was convicted last August in the death of 7-year-old Pronoy Bhattacharya, who was struck by an off-road vehicle as he was walking with his family across Central Avenue after attending the annual holiday light display the evening of Dec. 12, 2021, at the city of Albuquerque’s Botanic Garden.

Almanza was found guilty of homicide by vehicle, great bodily harm by vehicle, knowingly leaving the scene of an accident, two counts of tampering with evidence and driving an off-highway motor vehicle on a paved street or highway.

He was sentenced to 25 years in prison. But with good time, as calculated under the Supreme Court ruling, the total time he serves in prison could be closer to 14 years.

Attorney General Raúl Torrez said in a statement on Friday that the state Legislature increased the basic sentence for homicide by vehicle while under the influence (DWI) in 2016 to 15 years from six years.

But, “unfortunately, they neglected to amend the Earned Meritorious Reduction Act (EMRA),” Torrez stated.

That law determines whether a crime is a “nonviolent offense” entitling the inmate to a 50% good time credit — 30 days credit for every 30 days of good behavior while in prison — or a “serious violent offense” that carries a 15% reduction.

Under New Mexico’s “good time” law, second-degree homicide by vehicle isn’t listed among the more than two dozen crimes classified as serious violent offenses.

“The New Mexico Supreme Court ruled that district court judges must classify this offense as non-violent and made it clear that only the Legislature can fix this oversight,” Torrez said.

“Unfortunately, this also means that defendants like Sergio Almanza will serve substantially less time behind bars,” Torrez said in a statement.

“At sentencing, the court found that this crime was chilling, horrific and violent,” Torrez added, “but after (the) Supreme Court opinion, the District Court judge has no choice but to consider Almanza’s crime to be a non-violent offense.”

Almanza’s attorney Ahmad Assed couldn’t be reached for comment on Friday.

On the night of the deadly hit-and-run, Pronoy was walking hand-in-hand with his father in the crosswalk at Tingley and Central when he was struck by a Can-Am off-road vehicle speeding west on Central Avenue.

Almanza fled the scene. In the next several days, trial testimony showed, Almanza dismantled the off-road vehicle and fled to Mexico to avoid arrest. Two months later, Almanza was arrested and charged.

During closing arguments for the state, deputy attorney Greer Staley reminded jurors that Pronoy was thrown 72.74 feet in the air, landed on the ground and slid. “The boy came to rest 178 feet from where the defendant hit him,” she said.

The state also presented evidence that the crash occurred after Almanza and his friends spent an evening drinking at a local restaurant.

“Sergio Almanza was intoxicated and driving more than 50 miles per hour when he hit Pronoy and fled the scene,” Torrez said in the statement. “Anyone who witnessed that crime and the carnage it caused would know that this was a crime of violence.”

But “because of the Legislature’s failure to properly categorize the offense,” Torrez said Almanza’s actual time in prison will be cut by five years. “This is unacceptable, and I urge the Legislature to honor Pronoy’s memory and fix this law at the next legislative session.”