Defendant's actions were 'incomprehensible'; trial begins in hit-and-run death of 7-year-old boy at River of Lights

The trial of a man who prosecutors say struck and killed a 7-year-old boy leaving the River of Lights in 2021 will focus on whether Sergio Almanza was intoxicated at the time of the fatal hit-and-run crash, his attorney told jurors Tuesday.

Almanza’s attorney, Ahmad Assed, acknowledged that his client sped through the Central Avenue intersection in an off-road vehicle and fatally struck the boy, who was leaving the ABQ BioPark Christmas event at with his family.

The “reckless nature” of Almanza’s actions the night of the fatal crash were “incomprehensible,” Assed told jurors in opening statements.

“As a result of his actions, a 7-year-old beautiful boy, whose smile touched our hearts, is gone forever,” Assed told jurors on the first day of Almanza’s trial. “His father’s and mother’s lives have changed forever. This is the sad reality.”

But Assed said prosecutors will not be able to show that Almanza was driving while intoxicated at the time of the crash.

“We don’t believe the evidence is there for a DWI,” he told jurors.

Almanza, 29, is charged with vehicular homicide while driving under the influence in the Dec. 12, 2021, death of Pronoy Bhattacharya, who was walking hand-in-hand with his father in the crosswalk.

The Belen man also is charged with great bodily harm by vehicle for striking and injuring the boy’s father, Aditya Bhattacharya.

Pronoy died at the scene. His father was treated for facial fractures and other injuries and later released from a hospital.

Almanza also is charged with knowingly leaving the scene of an accident, driving an off-road vehicle on a paved street and tampering with evidence.

Almanza’s blood-alcohol level at the time is unknown because he fled the scene and later fled to Mexico, prosecutors said.

If jurors convict Almanza of vehicular homicide DWI he faces 15 years in prison on that count alone, while vehicular homicide reckless driving carries a six-year sentence.

Prosecutors told jurors that Almanza and his companions drank heavily in the hours before the 8:30 p.m. collision.

Assistant Attorney General Greer Staley told jurors that Almanza and others purchased liquor and beer before they spent the afternoon driving off-road vehicles on the West Mesa.

Prosecutors also allege that Almanza drank tequila shots and beer at a Nob Hill bar that evening before he climbed behind the wheel of his Can-Am off-road vehicle and began careening west on Central Avenue “going in and out of traffic.”

Staley showed jurors security video from the bar that she said showed Almanza among “five drinkers” who ordered 13 shots of alcohol and several buckets of beer throughout the evening.

The trial is scheduled to continue through Aug. 30 before 2nd Judicial District Judge Brett Loveless.

Pronoy’s mother, Deepshikha Chowdhury, testified Tuesday that at the time of the crash, she was holding hands with Pronoy’s 4-year-old brother as they walked a short distance ahead of Pronoy and his father. The family was in the crosswalk on Central at Tingley and had the walk signal, she said.

“I do remember feeling anxious and trying to cross before the walk signal changed,” Chowdhury told jurors.

“My next memory is something happening behind me,” she said. She turned to see her husband lying in the roadway. “I thought he was dead.”

Pronoy had been thrown or dragged some distance down Central, she said. The impact threw the boy 56 feet and he skidded another 100 feet on Central Avenue, Staley said.

“I was just running around trying to find my boy,” Chowdhury told jurors.

Prosecutors showed the jury police lapel video of the distraught mother screaming and wandering around the intersection after the crash.

Aditya Bhattacharya told jurors that his injuries that night resulted in chronic headaches and back pain.

Prosecutors allege Almanza was drinking at El Sinaloense Mariscos and Grill just east of Nob Hill before he got into his 2018 Can-Am off-road vehicle and sped west on Central.

Jurors also heard Tuesday from Andres Salazar, one of three men riding in Almanza’s off-road vehicle that day, who said they joined a larger group that stocked up on beer and Twisted Tea before off-roading for five hours on the West Mesa that afternoon.

That evening, Almanza drove about 20 miles to the restaurant at San Mateo and Central where the group purchased beer and shots of liquor.

Salazar said he did not know how much Almanza had to drink that day.

After the fatal crash, Almanza stopped briefly at Central and Atrisco and told his companions, “I’m sorry guys, I didn’t see them,” Salazar testified.

Jurors also viewed surveillance video of the fatal impact.

An analysis of the video shows that Almanza was traveling 50 mph in a 35 mph zone when he struck the boy, Staley said. It also shows that the driver attempted to brake before hitting the father and son, then fled west on Central, she said.

After the crash, investigators released photographs of the vehicle from surveillance cameras and received an anonymous tip that the Can-Am was parked in the backyard of a house on 65th NW.

The homeowner told police that Almanza had asked him to keep the vehicle because “something bad happened,” according to a criminal complaint filed in Metropolitan Court.