ALBUQUERQUE — A federal appeals court has upheld the conviction of a New Mexico man in a drunken-driving crash that killed a mother and her three young daughters on Christmas Eve in 1992.

The 10th Circuit Court of Appeals in Denver issued its ruling Tuesday, rejecting an appeal by Gordon House.

House, who is Navajo and Oneida, was convicted in 1995 of four counts of vehicular homicide and other charges in a head-on collision while he was driving the wrong way on Interstate 40 near Albuquerque.

House admitted to drinking more than seven beers that day but had said a migraine caused him to become disoriented and drive the wrong direction. He is serving a 22-year prison sentence.

In his petition to the court, House argued he was discriminated against when the trial was moved from Taos County to Doña Ana County, denying jury participation by American Indians. He also argued the judge violated his constitutional right to a fair trial by presuming a fair and impartial jury could not be seated in Taos County after two mistrials.

The appellate judges said they addressed each of House's arguments in turn, and "we conclude that they all lack merit."

The court said the jury pool in Doña Ana County included several American Indians, whom House excused using peremptory challenges.

Melanie Cravens, and her daughters — Kandyce, 9; Erin, 8; and Kacee Woodard, 5 — were killed in the Christmas Eve crash.

The case was among the state's most publicized and prompted the Legislature to review and revamp drunken driving laws. Cravens' mother, Nadine Milford, has been a leading crusader against drunken driving.

Craven's husband, Paul Cravens, survived the crash. He said Tuesday that he is happy with the appellate court's decision. "I don't think there's any other choice they could have made," he said.

Cravens said arguments made by House's attorney, William Friedman, amounted to "smoke and mirrors." "He did everything he could to shift attention off what Gordon had done, but I think the case was well built and supported," he said.

House could take the case to the U.S. Supreme Court, but the state Attorney General's Office said it is unlikely the court would review it.

The court grants full review of about 80 out of 7,000 cases each year, said Assistant Attorney General Steven Suttle. "House would be unlikely to change the result of the decision, only its basis and rationale," he said.

Cravens said he still misses his wife and the girls. "You kind of have to walk forward and go on," he said.

"I certainly don't hold any grudges against him (House) or his family, but I think he still needs to be accountable for what he did."




© Copyright Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.