Carlos Fierro will testify at his trial later this month and explain why he drove off after striking and killing a San Felipe Pueblo man who was crossing Guadalupe Street last November, his lawyer said Wednesday.
Attorney Robert Gorence made the statement after asking prospective jurors if they could remain impartial knowing that Fierro, 36, drank alcohol, drove his car and struck William Tenorio, who later died. Gorence asked whether jurors could take into account the fact that Tenorio, 46, also had been drinking and was wearing dark clothing, and street lights might not have been working at the time of crash.
Essentially, Gorence said, could prospective jurors consider that "even a sober driver (might) have had this accident."
Wednesday was the second day of jury selection for the Fierro case. More than 160 people from two jury panels arrived Tuesday, although about 20 were immediately sent home because there was no space for them to sit, said Jamie Boling, 1st Judicial District Court program manager.
All the jurors filled out a questionnaire asking about their knowledge of the allegations against Fierro, what kind of media exposure they've had and whether they'd formed any opinions about Fierro. Lawyers for another case set for trial in October then chose 15 jurors.
Fierro's lawyers and prosecutors digested the questionnaires Tuesday, then began Wednesday by agreeing to dismiss a large number of prospective jurors based on their questionnaire answers. That left a pool of about 70 people to choose from, Boling said.
By about 4 p.m., lawyers in the case — including District Attorney Angela "Spence" Pacheco — agreed on eight men and eight women, including four alternates, who will decide the case, which is set to run from Sept. 21 to Oct. 1.
Fierro, a lawyer who previously worked for then-Rep. Tom Udall, D-N.M., and Sen. John McCain, R-Ariz., in Washington, D.C., is charged with vehicular homicide and causing a fatal accident. Fierro, who also played Don Diego de Vargas in the Fiesta de Santa Fe festivities in 1997, allegedly fled the scene after striking Tenorio and was pulled over minutes later in front of the Santa Fe Community Convention Center.
Also facing the same charges is former state police Sgt. Alfred Lovato, a member of Gov. Bill Richardson's security detail at the time of the crash, who was riding in Fierro's passenger seat when it occurred.
Gorence said the second charge against Fierro — which also includes allegations of leaving the scene of an accident — elicited many comments in the questionnaires, including some who called Fierro "despicable" and "cowardly" for fleeing.
"Do you agree the state has to prove that Mr. Fierro knew he hit a human being?" Gorence asked.
The question prompted one heavyset man in a black T-shirt to raise his hand and stand up.
"How don't you know you hit something large with a hole like that in the windshield?" the man asked.
Again, Gorence said he wanted jurors who could weigh Fierro's reasons for leaving the scene and not make a pre-judgment about his guilt.
Fierro told police after the accident that he thought someone threw a rock at his 2004 BMW, and that a crowd outside a blues bar on Guadalupe Street, where the accident occurred, became hostile toward him.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.
