The District Attorney's Office on Wednesday filed charges including vehicular homicide against the lawyer accused of running down and killing a pedestrian while driving drunk in downtown Santa Fe the day before Thanksgiving.
Carlos Fierro, 36, also faces a charge of causing an accident involving death, which includes fleeing the scene.
A preliminary hearing will be scheduled before state District Judge Stephen Pfeffer, who will decide if there is sufficient evidence to support the charges.
Fierro's passenger at the time of the crash, former state police Sgt. Alfred Lovato, was not charged but was listed in court documents as a witness in the case.
Police said Fierro, a Santa Fe native who has worked for congressional figures in Washington, D.C., and held state government jobs, was at the wheel of a 2004 black BMW 530i that ran down William Tenorio, 46, of San Felipe Pueblo as Tenorio crossed Guadalupe Street just before 2 a.m. on Nov. 26.
Police stopped Fierro minutes later in front of the Santa Fe Community Convention Center on Marcy Street after a city police officer noticed heavy damage to the right side of the car's windshield.
Fierro's blood alcohol content was measured at .21, more than twice the legal driving limit.
Lovato, a member of Gov. Bill Richardson's security detail at the time, also appeared intoxicated, police said, but he hasn't been charged with any crime. Lovato resigned from the state police, where he was a 17-year veteran.
The preliminary hearing has not yet been scheduled, said District Attorney Angela "Spence" Pacheco, though she expects it to last three days.
The court documents filed Wednesday list 19 witnesses who could testify at the hearing. The list includes Marla Tellez, an anchorwoman for KOB-TV in Albuquerque, who police have said had communications with Fierro on his cell phone the night of the crash.
One of the witnesses to the crash — which occurred outside a popular downtown bar just before closing time — reported seeing a third person in the BMW as it fled the scene. However, Santa Fe police have said they've uncovered no other evidence that points to a third person's involvement.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.