Rose Tenorio, mother of William Tenorio, addresses Carlos Fierro in district court during his sentencing Friday. Luis Sanchez Saturno/ The New Mexican
- LUIS SANCHEZ SATURNO/The New Mexican
Fierro sentenced to seven years, could get out in three
Jason Auslander | The New Mexican
Posted: Friday, November 13, 2009 - 11/13/09
There will be no new trial and no appeal of his vehicular homicide
conviction last month. Instead, the Santa Fe attorney will serve at
least three years in prison as a result of a plea deal.
"This is a very good, in my opinion, resolution of this case,"
state District Judge Michael Vigil said in approving the plea on
Friday.
Prosecutors and defense attorneys were scheduled Friday to debate
Fierro's request for a new trial because of issues involving
instructions given to the jury. Fierro faced up to six years for
running down and killing William Tenorio, 46, of San Felipe Pueblo
while driving drunk on Guadalupe Street on Thanksgiving eve last year.
However, after about an hour-and-a-half delay in the scheduled
hearing Friday morning, the judge entered the courtroom and announced
that Fierro had agreed to the plea with prosecutors.
Part of the deal called for Fierro to plead no contest to leaving
the scene of a fatal accident — a charge on which jurors had deadlocked
11-1 in favor of conviction during last month's trial.
The agreement called for suspending two years of the three-year
sentence on that charge, with the remaining year to run consecutively
with the six years Fierro faced on the vehicular homicide count, for a
total sentence of seven years in prison.
The defense didn't want the vehicular homicide charge classified as
a serious violent offense, which would have meant Fierro would be
required to serve 85 percent of the six-year prison term for vehicular
homicide, said Bob Gorence, one of Fierro's lawyers. As it is, Fierro
will receive credit for spending most of the past year on electronic
monitoring and he could be out of prison in three years if he behaves
himself.
In exchange for the plea deal, Fierro agreed not to appeal his conviction and to drop his motion for a new trial.
District Attorney Angela "Spence" Pacheco — who helped prosecute
the case — said her office was "absolutely" was prepared to retry
Fierro on the leaving-the-scene charge that jurors couldn't agree on
last month. However, she said she received a call from defense
attorneys recently asking if she would consider resolving the case with
a plea agreement.
Pacheco said she met with members of the Tenorio family and
explained the parameters of the proposed deal, then left the decision
to them.
"They called me Sunday night at home and said, 'We want resolution,' " Pacheco said.
Asked after Friday's hearing if she was happy with the plea,
Charlotte Little, Tenorio's sister, said, "I don't know about happy ...
relieved."
"We're relieved," said Rose Tenorio, William Tenorio's mother, who
was sitting beside her daughter in the courtroom. "That's a good word
for it."
Before the sentencing, Rose Tenorio spoke about the way her son died and the pain it causes her.
She told Fierro, "You left him broken on a city street in front of
horrified witnesses who came to his aid. This is what I live with."
She also talked about feeling offended during the trial by tactics
employed by defense lawyers, who said Tenorio also had been drinking
and was wearing dark clothing and jaywalking.
"When the defense tried to push the responsibility (for the fatal incident) on to my son, I was angry," Rose Tenorio said.
William Tenorio's three children — James, 16, Adrianne, 21, and
Dianna, 24 — took turns reading portions of a statement that reflected
both their pain and their love for their father.
"This has been an emotionally draining, heart-breaking and
unbelievable event," James Tenorio said. "We still can't believe it
happened."
The family was left in "disbelief" and felt "helpless and empty"
while at the hospital the night of William Tenorio's death. "We were
forced to hear last rites before we were ready to let go," he said.
James Tenorio called his father's death a "life-changing experience."
"Mr. Fierro's family will still have a chance to see him again,"
said Dianna Tenorio. "His daughter still has him. We just have
beautiful, precious memories."
Dressed in an orange jail jumpsuit and shackled at his wrists and
ankles, Fierro also addressed the court. He first turned toward the
Tenorio family and told them he understood their anger toward him. He
also said he thinks of William Tenorio daily.
"One of the worst things was (the criminal justice system) wouldn't
allow me to convey my condolences to you," he said. "To me, the most
important thing is you know I'm sorry. I feel it, it hurts. I made a
horrible mistake that night. I have to live with it and I'm gonna live
with it. I ask for your forgiveness."
Fierro said he hopes that one day "we can find reconciliation" and
that "something positive can come out of his death and my sentence." He
said he would like the family to meet his 9-year-old daughter some day.
Fierro also apologized to his own family, many of whom sat crying in the courtroom.
"I'm sorry for the pain I've brought you," he said. "I'm sorry for
shaming you. Everything happens for a reason. I'm hoping God will show
me that one day."
Judge Vigil told Fierro — who previously worked in Washington D.C.
as legislative director for then-Rep. Tom Udall and chief counsel for
Sen. John McCain on the Senate Commerce Committee — he could do a lot
of good for the community when he gets out of prison.
"You are in a position to be a very powerful tool in our
community," he said. "It can happen to anyone. No one starts out the
evening saying, 'I'm going to get drunk and kill someone.' You had so
many opportunities to avoid this tragedy and you never made the right
decision. It's just a shame."
As a result of his felony conviction, Fierro faces disbarment from the practice of law.
Fierro's passenger at the time of the crash — former state police
Sgt. Alfred Lovato — is scheduled to appear in state District Court on
Monday morning for the continuation of a preliminary hearing that
started Oct. 7.
Lovato, an off-duty member of Gov. Bill Richardson's security
detail who had spent the night drinking with Fierro, has been charged
with vehicular homicide and leaving the scene of a fatal accident, the
same counts as Fierro.
Correction: A previous version of this story gave an incorrect time when Carlos Fierro might be eligible to leave prison. It has been corrected.
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