While one police officer testified Wednesday that he thinks Alfred Lovato encouraged Carlos Fierro to get drunk the night Fierro's car fatally struck a pedestrian, another officer told jurors he didn't think Lovato deserved to be charged with vehicular homicide.

The statements came during the second day of trial for Lovato, who was a passenger in the car that killed William Tenorio after Lovato and Fierro had spent the night drinking in November 2008.

The officers were called to the stand by special DWI prosecutors Donna Bevacqua-Young of the New Mexico Attorney General's Office and Assistant City Attorney Alfred Walker, who are trying to convict Lovato of vehicular homicide and leaving the scene of an accident.

Santa Fe police Detective Tony Trujillo said "yes" when defense attorney Sam Bregman asked whether he has evidence or information to show that Lovato encouraged former Santa Fe attorney Carlos Fierro to drink and drive.

"He encouraged them to stop at WilLee's to have more drinks," Trujillo said. The two men earlier had been drinking at the Rio Chama Steakhouse.

Trujillo was one of the investigators assigned to the case in which Fierro was convicted of vehicular homicide after he hit and killed Tenorio outside the now-defunct WilLee's Blues Club, 401 Guadalupe St. Trujillo was the officer who filed the original criminal complaint also charging Lovato with vehicular homicide.

Trujillo had answered Bregman's question differently in an interview about a month before the trial, but since then had a chance to look over the case in preparation for his testimony. He said he now believes there was evidence to show Lovato encouraged Fierro's crime.

Fierro said during his own trial that it was Lovato's idea to stop for more drinks at WilLee's Blues Club, Trujillo noted.

"In my opinion," Trujillo told Bregman in front of the jury, "that would fall under encouraged. 'Let's stop and drink some more.' "

New Mexico State Police Agent Paul Chavez also testified Wednesday. Chavez said he took photos of the scene the morning after the accident and processed Fierro's BMW for evidence.

Chavez told the jury he spent eight hours at the scene and had worked previous vehicular homicide cases.

Bregman then asked Chavez: "Based on your investigation, you don't think Lovato deserves to be charged with homicide, do you?"

"Based on the precedence," Chavez said, "I know I have never seen a case such as this. That being said, I would have to say no."

During Trujillo's testimony, the detective was asked by Bregman if he had any evidence that Lovato was conscious when the collision with Tenorio occurred. Trujillo said "yes." Trujillo again referenced testimony during the Fierro trial in which Fierro said Lovato was awake when it happened.

Also, Trujillo said during an interview days after Tenorio's death, Lovato admitted he remembered just one detail about the crash. "All I remember was a jolt or bang and glass in my mouth," Lovato said in the 2008 interview.

"That shows he was awake in some way," Trujillo said in response to questioning by Bregman.

In a video of Trujillo's interview presented in court, Lovato, who was an off-duty state police officer at the time, tells Trujillo he didn't remember much of the night, "just flashes."

Lovato and Fierro paid $98.50 for drinks, before taxes, after spending more than three hours in the Humidor room of the Rio Chama Steakhouse, 414 Old Santa Fe Trail. The two then traveled to WilLee's Blues Club at about midnight.

Two witnesses testified Wednesday that Lovato was obnoxiously drunk.

Rae Ann Herrera said she met Lovato that night, and he tried to kiss her on the cheek. "He was practically spitting on me when he was talking to me," Herrera testified.

Evangeline Redsteer, who testified that Fierro told her to ask Lovato to dance that night, said Lovato tried to grope her on the dance floor.

She rated Lovato's level of intoxication as 9 out of 10, with 10 being "passed out," she said.

Redsteer rated Fierro's intoxication at 5 out of 10.

"I'm so embarrassed," Lovato told Trujillo in their interview as he tried to piece together the night. "I was heavily intoxicated. I was drunk, I was really drunk. I normally don't black out, but that's what happened."

Lovato said in the interview that he had only eaten breakfast that day. The two did not eat at Rio Chama Steakhouse. He said all he remembered from before the accident was the bright store lights of the Allsup's convenience store at 305 N. Guadalupe St. He didn't remember what he and Fierro bought or why Fierro said they were going back to WilLee's.

The next thing he remembered, Lovato said in the interview, he was sitting in what he thought was an empty car after the police had stopped Fierro's BMW blocks away from the scene of the fatality.

Trujillo, after his statements about whether Lovato had encouraged Fierro to drink and drive, had another "yes" for Bregman before leaving the witness stand.

Although prior witnesses had responded that they didn't have any evidence that showed Lovato caused the death of Tenorio, Trujillo said "yes" to the question.

Contact Nico Roesler at 986-3089 or nroesler@sfnewmexican.com.

The bill for Alfred Lovato and Carlos Fierro at Rio Chama Steakhouse the night of the fatal incident:

Gin and Tonic

Crown Royal (1.05 ounces of whiskey) and Coke

Four Crown Royal neat (2-ounce shots)

Six 16-ounce India Pale Ale drafts

22-ounce Amber Ale draft

Three 12-ounce Coors Light beers

Subtotal: $98.50

Tax: $7.82

Tip: $20

Total: $126.32