Fierro trial: The key witnesses
Jason Auslander | The New Mexican
Posted: Saturday, September 19, 2009
- 9/20/09
     
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Sol Bentley. Bentley is a DJ who played at WilLee's Blues Club the night William Tenorio was struck. He testified at Carlos Fierro's preliminary hearing in February that he was outside the bar just before 2 a.m. Nov. 26, helping the bouncer coax people into leaving. Bentley, who said he doesn't drink alcohol or use drugs, testified that he heard a loud "pop" and looked north up Guadalupe Street to see a car with no headlights and sparks trailing from its rims coming south on blown tires. Bentley said the car — Fierro's BMW — accelerated when the light at Guadalupe Street and Montezuma Avenue began to change from yellow to red. At the same time, Bentley testified, Tenorio was walking backward across Guadalupe and seemed to wave to someone at the bar or hold up a piece of paper or, perhaps, a cell phone. Bentley said he saw the BMW hit Tenorio "pretty much head on." The BMW stopped about 60 yards away, and Bentley rushed toward it, yelling at the top of his lungs for the driver to stop because he'd just hit someone. When he was about 10 feet away, he said, the BMW driver hit the accelerator, jumped a median and took a left down Read Street. Bentley said he chased the car but couldn't get a license number because the car's lights were off.


David Segarra. A local waiter and carpenter, Segarra spoke to Tenorio at WilLee's prior to leaving the bar just before 2 a.m. He testified at the preliminary hearing that he offered to buy Tenorio a beer, but Tenorio declined. After talking to Tenorio, Segarra, who said he drank three beers that night, left WilLee's and began walking north along the east side of Guadalupe Street. Between Montezuma Avenue and Aztec Street, Segarra testified, he saw a black BMW hit a median in Guadalupe Street, popping tires on the car. Segarra watched as the BMW accelerated south down the street, and he got a feeling the driver didn't want to stick around after hitting the median. Segarra said he saw the car hit Tenorio, who somersaulted and landed on the street. Segarra ran to the unconscious Tenorio, saw a large pool of blood forming around his head and took off his sweat shirt and placed it over Tenorio.


Heidi Schwalbe. Schwalbe, a nurse, was in charge of the emergency room at Christus St. Vincent Regional Medical Center when both Tenorio and Fierro were brought there the night of the crash. She testified that she drew blood from Fierro and took his medical history. She said she smelled alcohol on him and felt he was "very intoxicated." She said she asked him what happened, but he didn't reply, making her think he had no compassion or responsibility for what happened. Later, she testified, she tried to wake Fierro so he could hear the Tenorio family crying outside a room two doors down, but he wouldn't stir. She said that made her realize how drunk Fierro was, which made her "frustrated and upset." Schwalbe was combative with defense attorneys at the preliminary hearing and at a motions hearing in August. Fierro's lawyers wanted the judge to throw out Fierro's blood sample because Schwalbe didn't use a needle supplied in a blood draw kit issued by the state Scientific Lab Division. Vigil ruled the sample was properly collected. The defense attorneys also wanted the judge to limit Schwalbe's testimony. And while Vigil didn't grant that motion, he agreed Schwalbe's testimony during trial must be limited to the facts she observed and not her opinion, which, he warned, could cause a mistrial. He ordered attorneys to come up with an agreement on her testimony.


Raeann Herrera. The 24-year-old was a patron at WilLee's the night of the crash. She testified at the preliminary hearing that she and her sister danced with Tenorio before joining him, Lovato and Fierro on the bar's smoking patio. She said she saw Fierro, Lovato and Tenorio "joking, having fun and laughing" while talking for at least 45 minutes about tribal government on the patio before leaving them to go dance again.


Police video of Fierro. The video, recorded by a dashboard camera just after he was pulled over on Marcy Street, shows Fierro unsteady on his feet after an officer asks him to get out of his car. He stumbles as he makes his way to the back of the car. "Do you know what you hit?" asks Officer Ben Valdez. "We don't know what we hit," says a voice, either Fierro's or Lovato's. "When you hit something, do you usually continue driving?" Valdez asks.


Santa Fe police Officer Ben Valdez. Valdez drove past Fierro on Grant Avenue and noticed the car's lights weren't on. Then he saw the car was damaged, turned around and pulled it over in front of the Santa Fe Community Convention Center on Marcy Street. He testified at the preliminary hearing that he smelled alcohol coming from the car and asked Fierro to get out of the vehicle. Both Fierro and Lovato staggered as they got out, Valdez said, adding that he had to assist Fierro "because he was kind of stumbling." Valdez directed them to sit on the curb. Fierro told him his car had been struck by a rock. Lovato, who had been sitting directly behind where Tenorio's body smashed into the car's windshield, looked to have blood drops on his sleeve, Valdez testified.


Santa Fe police Officer Fred Bornman. Bornman is a DWI officer who performed sobriety tests on Fierro after the crash. He testified at the preliminary hearing that Fierro smelled of alcohol, slurred his speech and was unsteady on his feet. Fierro agreed to provide a preliminary breath test, but wouldn't or couldn't blow hard enough into the mouthpiece to get a reading, Bornman said. A video of the tests shows that Fierro told Bornman he had one drink.


Santa Fe police Officer Carl Vigil. He was the first officer to reach Tenorio as he lay facedown on Guadalupe Street. Vigil estimated that a shocked crowd of about 100 people were milling around, with a small contingent surrounding Tenorio including a nurse who was trying to help him. Vigil testified at the preliminary hearing that Tenorio was bleeding profusely from his mouth, nose and various lacerations, and the blood was beginning to flow down the street. Blood also came out of Tenorio's mouth when he tried to breathe, the officer said. "Emotions were running high," Vigil said. "People were pleading with me to please get him help. It's something I'll never forget."


Jeff Jinnett. The president of the company that owns the Rio Chama Steakhouse detailed the type and number of drinks Lovato and Fierro consumed at the restaurant/bar over a period of about four hours the night Tenorio was killed. On their tab that night was a Tanqueray gin and tonic, a Crown Royal whiskey and Diet Coke, four shots of Crown Royal neat, seven draft beers — including two 22-ounce glasses and five 16-ounce glasses — and three Coors Light beers. One other man joined Fierro and Lovato at the Rio Chama for about three hours that night, though he testified at the preliminary hearing that he drank only one beer.


Marla Tellez. The KOB-TV anchorwoman testified at the preliminary hearing that she had lunch with Fierro for nearly two hours the day before the crash. Fierro communicated with her by e-mails hours after the crash. Fierro told Tellez that someone tried to start a fight with Lovato at WilLee's before the crash, though no one who was at the bar who testified at the preliminary hearing remembered any problems at the bar that night.






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