Driver faces charges in crash that killed two
March 6 case languishes in Magistrate Court until D.A. files in District Court

Jason Auslander | The New Mexican
Posted: Wednesday, July 07, 2010
- 7/8/10
     
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Four months after James Ruiz crashed a pickup into a car carrying a family from the Navajo Nation — killing two teenage sisters — his case has finally made it to state District Court.

The District Attorney's Office in Santa Fe filed charges against the 35-year-old Albuquerque man that include two counts of vehicular homicide, three counts of causing great bodily harm by vehicle and driving with a suspended or revoked license. That method of charging someone with a crime usually means the defendant is entitled to a preliminary hearing in which a judge decides if the evidence is sufficient to order the person to stand trial.

However, Ruiz's lawyer — Chief District Public Defender Ben Baur — waived the preliminary hearing and Ruiz's right to have the evidence presented to a grand jury, which is the typical method of charging someone in state District Court. Baur declined to comment on the case Wednesday, saying Ruiz hired Albuquerque lawyer Ray Twohig to represent him.

A message left for Twohig wasn't returned.

Ruiz and two friends were drinking at the Blue Corn Cafe & Brewery near the intersection of Rodeo and Cerrillos roads on March 6 before they skipped out on their bill, a manager has said. The trio — with Ruiz at the wheel — left in a Ford F-250 pickup and headed down Cerrillos Road where, near the Santa Fe Auto Park, the truck slammed into the back of a sedan carrying the Peshlakai family of Naschitti, who had attended a high-school basketball tournament in Santa Fe.

Deshauna Peshlakai, 17, and Del Lynn Peshlakai, 19, were killed in the crash. Their parents, Darlene and David Peshlakai, were seriously injured.

Police said Ruiz — who had been arrested five previous times for drunken driving — had a blood alcohol content of 0.22, nearly three times the legal driving limit.

The latest drunken-driving case against Ruiz languished in Santa Fe County Magistrate Court until the D.A.'s Office filed the state District Court charges Tuesday. A message left for Deputy District Attorney Doug Couleur seeking comment was not returned Wednesday.

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






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