A Santa Fe County jury resumes deliberating the fate of Carlos Fierro today after failing to reach a decision Tuesday after more than eight hours behind closed doors.

State District Judge Michael Vigil asked the jury of six men and six women about 4:30 p.m. if they wanted him to order them dinner or adjourn for the day. Jurors sent back a note saying they wanted to recess at 5 p.m. and come back at 8 a.m. today.

Fierro, 36, is charged with vehicular homicide and causing a fatal accident in the death of William Tenorio, 46, who was hit while crossing Guadalupe Street on foot just before 2 a.m. Nov. 26. Fierro's blood-alcohol content was later found to be 0.21, more than 2 1/2 times the legal driving limit.

Jurors heard six days of testimony, which ended about 4:45 p.m. Monday, then deliberated about an hour Monday before heading home. They returned to the courthouse downtown on Catron Street at 8:45 a.m. Tuesday and spent all day trying to come to a unanimous agreement. Occasional raised voices could be heard coming from the jury room throughout the day.

During trial, defense attorneys tried to convince the jury that even a sober person couldn't have avoided the fatal crash. Prosecutors presented evidence that Fierro was driving recklessly and without headlights before the crash, and argued that he should have known that driving while intoxicated could result in another person's death.

In order to convict Fierro of vehicular homicide, jurors must find that he was the significant cause of the crash that killed Tenorio, a local DJ and father of three. If the jury determines that Tenorio was a significant cause of the crash, they cannot convict Fierro of vehicular homicide. In that case, Fierro's lawyers have asked the jury to convict him of simple driving while intoxicated, which Fierro admitted to while testifying Monday.

District Attorney Angela "Spence" Pacheco declined Tuesday to comment on jury instructions that indicated Fierro should be convicted of simple DWI rather than aggravated DWI if he's not found guilty of vehicular homicide. Drunken-driving offenders whose blood or breath alcohol content is 0.16 or above — more than twice the legal driving limit — usually are charged with aggravated DWI.

The charge of causing a fatal accident takes into account whether death was a foreseeable result of Fierro's actions, and also addresses Fierro's fleeing the scene of the crash, which occurred in front of the now-defunct WilLee's Blues Club. In order to convict Fierro of that charge, jurors must find he knew he struck a human being before he fled.

If convicted, Fierro would serve a maximum of six years on the homicide charge and three years on the fatal accident charge.

A spokesman for the state Department of Public Safety said Tuesday that although Fierro testified Monday that he never drank alcohol at WilLee's the night of the crash, the agency will continue to press citations charging that the bar overserved Fierro. The citations were issued against a WilLee's bartender and the bar's liquor license holder. Agents looked at the file again Tuesday in light of Fierro's testimony, department spokesman Peter Olson said, but determined that its actions were appropriate.

At least one witness interviewed by agents from the Special Investigations Division reported seeing Fierro with a drink in his hand while the only bartender working that night was standing in front of him, Olson said.

However, of the 10 people who testified during Fierro's trial that they were at WilLee's the night of the crash, not one could remember seeing Fierro drinking there.

Aaron Boland, lawyer for former WilLee's bartender Eric Mehlman, who was cited by SID, said the trial witnesses have backed up his client's memory of the night.

"My client has always maintained that he did not serve Mr. Fierro any drinks that night, and there is no testimony on record to contradict this assertion," Boland said in a written statement. "There is no evidence to support SID's claim that my client over-served Mr. Fierro."

SID agents never questioned employees of the Rio Chama Steakhouse, where Fierro and his passenger at the time of the crash, Alfred Lovato, drank beer and whiskey for hours before the crash. Olson has said the employees there weren't part of the investigation because no one at the Rio Chama said Fierro and Lovato appeared intoxicated there.

Lovato, 38, also has been charged with vehicular homicide and causing a fatal accident in connection with Tenorio's death. A District judge will decide at a preliminary hearing if there's enough evidence to order Lovato to stand trial on the charges.

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