A former state police officer riding in Carlos Fierro's car when he allegedly struck and killed a pedestrian in November probably won't appear in court again until after Fierro goes to trial.

Alfred Lovato's preliminary hearing — in which state District Judge Michael Vigil will decide whether evidence exists to charge him with vehicular homicide and causing a fatal accident — was scheduled for July 16. However, Lovato's attorney has a jury trial in Albuquerque scheduled for the same day and couldn't make it, according to court documents.

Another date between then and Fierro's trial — scheduled for Sept. 14-25 in front of Vigil — could not be worked out, according to the judge's office. Sam Bregman, Lovato's lawyer, said Wednesday that he was under the impression the hearing would be held some time in October.

Fierro's blood-alcohol level was 0.21 — more than twice the legal driving limit — when the car he was allegedly driving hit William Tenorio as Tenorio walked across Guadalupe Street in downtown Santa Fe on Nov. 26. Tenorio, a 46-year-old San Felipe Pueblo resident and father of three, later died of his injuries.

Fierro, with Lovato sitting beside him, allegedly fled the scene and was pulled over minutes later in front of the Santa Fe Community Convention Center. The two men had been drinking together for several hours prior to the crash at two downtown bars. Lovato was a member of Gov. Bill Richardson's security detail at the time of the crash.

District Attorney Angela "Spence" Pacheco appointed a special prosecutor to look at the evidence against Lovato and decide whether to file charges. The prosecutor, Donna Bevacqua-Young, filed the charges last month against Lovato, who has pleaded not guilty to them.

At the time she filed the charges against Lovato, Bevacqua-Young also included a copy of a recent state Court of Appeals decision that affirmed the state's ability to charge a passenger in a car driven by a drunken man who plowed into another vehicle, causing two deaths and injuring five other people. Specific circumstances must exist to be able to file such charges, the Court of Appeals ruled, including the fact that there must be "shared intent of conscious wrongdoing."

At the time of Lovato's arraignment June 16, Vigil called the Court of Appeals ruling "a novel theory" and said the state Supreme Court would likely have to rule on the case to provide final clarification on the issue.

On July 1, the Supreme Court decided to hear the case, which is known as State v. Patrick Marquez, according to a clerk at the Supreme Court.

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