DA: Fierro at first denied drinking

Suspect in fatal hit-and-run released on bond

Jason Auslander | The New Mexican

12/1/2008 - 12/2/08

A 36-year-old lawyer accused of fatally striking a pedestrian and then fleeing the scene last week initially told police he hadn't been drinking, a prosecutor said Monday.

However, after Carlos William Fierro failed three sobriety tests, he told officers that he had consumed two drinks, then amended that statement and said he'd had only one drink, Deputy District Attorney A.J. Salazar said during Fierro's arraignment Monday.

Santa Fe County Magistrate Sandra Miera ordered Fierro — who is charged with vehicular homicide and leaving the scene of a fatal accident — held in lieu of a $250,000 cash or property bond. Miera denied a request by Fierro's attorney to allow a surety bond, which would have allowed him to get out of jail after paying 10 percent of the amount to a bail bondsman.

Fierro, who posted bond just after 5 p.m., won't be allowed to leave Santa Fe County and must wear an ankle bracelet to allow electronic monitoring of his whereabouts, Miera said. In addition, he won't be allowed to drink alcohol, drive a car or contact witnesses in the case or the passenger in his car on the night of the incident, state police Sgt. Alfred Lovato, she said. He also will have to turn over his passport to the District Attorney's Office, the judge said.

Police said Fierro was at the wheel of a black BMW that struck William Tenorio, 46, of San Felipe Pueblo on Guadalupe Street in front of WilLee's Blues Club just before 2 a.m. Wednesday. Investigators said Fierro drove away — leaving Tenorio lying in the road — and was later pulled over by a police officer in front of the Santa Fe Community Convention Center.

Tenorio — a local disc jockey and father of three — died later that day of head and neck trauma and was buried Thanksgiving Day at San Felipe Pueblo.

On Monday, at least 50 friends and members of Tenorio's family arrived at Santa Fe County Magistrate Court for the arraignment. Only about half of them were able to get into the courtroom because of space constraints.

Dianna Tenorio, William Tenorio's oldest daughter, asked the judge to apply the law fairly to Fierro, who has worked for U.S. Rep. Tom Udall, D-N.M., and Sen. John McCain, R-Ariz., and ran briefly for the New Mexico Public Regulation Commission in 2004. She said after the arraignment that she and her family were satisfied with the bond decision.

Dianna Tenorio also said she and the rest of her family appreciated that so many people showing up to support them. "It would be more difficult for us if you weren't here," she said.

Tom Cordova, Fierro's uncle, also addressed Miera and said his family is "deeply saddened" by the situation and that their prayers go out to the Tenorio family. He told the judge that Fierro, who grew up in Santa Fe, poses no flight risk and "no threat to anyone."

"He is a hard worker and he has a good heart," Cordova said. "We love him and our family is there for him."

Fierro told Miera he had just moved back to New Mexico from Washington, D.C., and was about to rent an apartment in the Albuquerque area because his 8-year-old daughter goes to school there. He said he needed to be able to travel to Bernalillo and Sandoval counties because of his daughter and because he had accepted several contracts for work. Colin Hunter, Fierro's attorney, said his client is the sole financial provider for his daughter.

The prosecutor told the judge he had heard that Fierro has dual citizenship and an Ecuadorean passport. He said Fierro's father lives in that country. However, Fierro told the judge he doesn't have dual citizenship.

According to an arrest statement filed Monday in Magistrate Court, Santa Fe police Officer Carl Vigil pulled over Fierro's black BMW in the 200 block of West Marcy Street after seeing the car being driven without headlights. The car had heavy damage on the passenger side, two flat tires on the driver's side, a damaged windshield and blood on the passenger-side tires, the statement says.

Both Fierro and Lovato — a member of Gov. Bill Richardson's state police security detail — staggered when they got out of the BMW, according to the statement. Fierro had bloodshot, watery eyes, smelled strongly of alcohol and had slurred speech, the statement says. Medical personnel at Christus St. Vincent Regional Medical Center later drew blood from Fierro after officers at the scene were unable to obtain a valid breath sample.

Santa Fe police investigators interviewed Lovato in depth on Saturday, said Deputy Police Chief Aric Wheeler, though he declined to release Lovato's account of what happened. Police have said Lovato could be charged with failing to stop and render aid.

Laurie Martinez, who also attended Monday's arraignment, said she has known Fierro since he was 3 months old and felt he had already been tried and convicted.

"He's been proven guilty ..." she said. "He's an incredible human being. I feel sorry for the family of the person who is dead. It's something that could happen to any of us. It's just a nightmare."

Martinez said she thought Fierro's bond was too high and that it was set because of who he is.

However, by comparison, the bond set for a 35-year-old Santa Fe man who was arraigned on a charge that he ran down and killed a 58-year-old woman on a bicycle on Old Santa Fe Trail in July 2005 was $500,000 cash-only. Tim Solano, the man behind the wheel in that accident, had three prior drunken-driving convictions, while Fierro has been charged once with DWI, though the charge was dismissed, according to online court records.

Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.