Trial in River of Lights hit-and-run death slowed by constitutional issues

The trial of Sergio Almanza in the 2021 hit-and-run death of a 7-year-old boy at the River of Lights bogged down in constitutional issues Thursday after a key witness made statements that appeared to implicate himself in a conspiracy to conceal the crime.

The admission by Edgar Casas that he helped conceal Almanza’s off-road vehicle led to an objection by Almanza’s attorney that Casas has a constitutional right not to incriminate himself.

The issue has the potential to cause a mistrial in the case because Casas’ attorney, Doug Wilber, advised him not to offer additional testimony. Wilber, a public defense attorney, was appointed Thursday to represent Casas.

“He has a Fifth Amendment right against self-incrimination,” Wilber told 2nd Judicial District Judge Brett Loveless.

If Casas refuses to offer additional testimony, Almanza’s attorney could be prevented from questioning Casas in cross-examination — a constitutional right guaranteed to defendants.

Loveless ordered attorneys to seek a way forward by interviewing Casas privately on Friday morning. The purpose of the interview is to learn more about Casas’ testimony and determine the potential that he would exercise his right not to testify, Loveless said.

Almanza, 29, is charged with vehicular homicide while driving under the influence in the Dec. 12, 2021, death of Pronoy Bhattacharya, while the boy and his family were leaving the River of Lights at the ABQ BioPark.

Pronoy was walking hand-in-hand with his father in the crosswalk at Tingley and Central at the time he was struck by a Can-Am off-road vehicle speeding west on Central.

Almanza 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, illegally driving an off-road vehicle on a paved street, and tampering with evidence.

Casas testified on Wednesday that he, Almanza and dozens of others rode off-road vehicles and drank alcohol on the West Mesa for hours before the fatal crash. The morning after the boy’s death, Casas awoke to find Almanza’s Can-Am at his residence, he told jurors.

But his testimony ended abruptly after he acknowledged telling police that he had moved Almanza’s Can-Am to a concealed location behind his house. The admission was followed by an objection from Almanza’s attorney.

“He has already admitted to a conspiracy and he hasn’t been granted immunity,” Ahmad Assed said.

Prosecutors with the New Mexico Attorney General’s Office hurriedly obtained a letter from 2nd Judicial District Attorney Sam Bregman saying the DA’s office would decline to press criminal charges against Casas in this case.

Prosecutors filed a motion in October 2022 asking Loveless to grant Casas and another man “use immunity” that would shield them from prosecution based on their testimony.

Loveless approved the motion verbally in a hearing, but the order was never put into writing and signed by the judge, attorneys said Thursday.