Carlos Fierro waits outside of District Court while Judge Michael Vigil and lawyers inspect the BMW. Defense lawyers had objected to Thursday’s viewing, saying the vehicle wasn’t exactly the same after the night of the accident after sitting for 10 months in the Santa Fe Police Department’s impound lot. - Luis Sánchez Saturno/The New Mexican
From left, Carlos Fierro attorney Jason Bowles, Santa Fe police Lt. Dean Norris and Judge Michael Vigil inspect Fierro’s damaged BMW on Thursday. - Luis Sánchez Saturno/The New Mexican
From left, Angela ‘Spence’ Pacheco, bailiff Fred Encióas, Judge Michael Vigil and defense attorney Robert Gorence compare photos taken just after the crash with the BMW on Thursday outside District Court. - Luis Sánchez Saturno/The New Mexican
Jury inspects Fierro's damaged BMW
Testimony resumes today in hit-and-run trial
Jason Auslander | The New Mexican
Posted: Thursday, September 24, 2009 - 9/24/09
A mechanic who examined Carlos Fierro's 2004 BMW 530i said it had
sustained enough damage before and after striking a pedestrian last
November that it would be considered "close to totaled."
The left front shock absorber was broken and the suspension
damaged. A bolt that supported the engine had been sheared off. The
left back wheel was broken, the left front wheel bent and the car's
frame damaged, said Ian Clemmer, a certified master technician at Santa
Fe BMW.
The car would have had to hit a curb at a speed between 30 mph and
40 mph to sustain that kind of damage, Clemmer testified Thursday, the
fourth day of Fierro's trial on vehicular homicide and causing a fatal
accident.
In addition, there was the smashed windshield — damage apparently
left by 46-year-old William Tenorio's body when he was struck while
trying to cross Guadalupe Street on the night before Thanksgiving.
Other than bullets, Clemmer said, he'd never seen anything actually
go through the windshield of that model of BMW. He estimated that an
object would have to be at least as large and heavy as a bowling ball —
about 40 pounds — to make the kind of hole he saw in the windshield.
Finally, based on a photo police took of the headlight switch
inside the BMW after the crash, Clemmer said, the headlights were off.
At the time he examined the car, Clemmer said, he didn't try to
determine whether the headlights were on or off because he was never
asked to do so.
Testimony resumes today in the case, in which Fierro's lawyers have
admitted the attorney was driving drunk the night he hit Tenorio and
then drove away.
Before Clemmer testified Thursday afternoon, jurors walked out to a
back parking lot at the District Court complex in downtown Santa Fe to
view Fierro's BMW up close.
Defense lawyers had objected to the viewing, saying the vehicle
wasn't exactly same after sitting for 10 months in the Santa Fe Police
Department's impound lot.
District Attorney Angela "Spence" Pacheco argued that jurors should be allowed to see "the murder weapon."
"We believe it is the best evidence," Pacheco said.
Vigil allowed the viewing, but not before he and the lawyers
inspected the car and compared it to pictures taken just after the
crash. Differences noted by the judge and the lawyers included the fact
that the right rear-view mirror, which initially had been hanging off
the car, had fallen completely off. Also, blood spatter on the
passenger-side panel and one of the car's rims no longer was present
and the hole in the windshield had grown larger.
Vigil told jurors about the differences and said they should rely
on the photos for an accurate representation of the car's condition
just after the crash. The judge did not allow reporters, photographers
or court spectators to attend the jury's viewing.
Kristin Radecki, a forensic scientist with the state Department of
Public Safety's crime lab, testified that at the time of the crash she
found drops of Tenorio's blood on a sleeve of Fierro's passenger—
former state police Sgt. Alfred Lovato. Lovato's DNA also was found on
a Coors Light beer can in the BMW's glove box.
John Romero, a forensic toxicologist with the state's Scientific
Laboratory Division, testified that he tested a blood sample drawn from
Fierro after the crash and found it had a blood-alcohol content of .21,
more than 2 1/2 times the legal limit for drivers.
The last witness of the day was Santa Fe police Detective Tony
Trujillo, who showed the jury the clothing Tenorio was wearing when he
was struck. The detective held up a black, trench coat-like jacket, a
pair of black slacks, a black shirt and a pair of black leather shoes.
Tenorio was only wearing one shoe when he was taken to the hospital,
Trujillo said. The other was found in the street.
All the items except the shoes were in tatters, Trujillo said,
because paramedics had cut them off Tenorio while trying to treat him.
Tenorio family members seated in the courtroom wept as the
detective retrieved the clothing from sealed, brown-paper evidence bags
and showed the items to jurors.
The prosecution could rest its case today. Defense lawyers expect
to call only two witnesses: an accident reconstruction expert and
Fierro.
Contact Jason Auslander at 986-3076 or jauslander@sfnewmexican.com.
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