A politically connected lawyer who allegedly struck and killed a
pedestrian in a hit-and-run crash early Wednesday will spend the rest
of the week in jail awaiting arraignment.
An Albuquerque lawyer attempted to talk a state District Court
judge into arraigning Carlos William Fierro — who has ties to both U.S.
Rep. Tom Udall and U.S. Sen. John McCain — on Wednesday afternoon, but
the judge declined. Judge Stephen Pfeffer indicated initial
arraignments are the responsibility of the Santa Fe County Magistrate
Court, Pfeffer's assistant said Wednesday.
The magistrate court is closed Thursday and Friday for Thanksgiving, so Fierro won't be arraigned until Monday.
Meanwhile, Gov. Bill Richardson called the mother of the man who
was hit — 46-year-old William Tenorio of San Felipe Pueblo — and
expressed his condolences Wednesday, according to a spokeswoman for the
Tenorio family. A member of Richardson's state police security detail
was in the passenger seat of Fierro's black BMW when he allegedly hit
Tenorio in front of a downtown Santa Fe bar just before 2 a.m.
Wednesday.
Tenorio died about noon Wednesday at Christus St. Vincent Regional
Medical Center of head and internal injuries suffered in the accident,
said Santa Fe Deputy Police Chief Benjie Montaño. Tenorio was to be the
designated driver for the group of people he was with Tuesday night and
Wednesday morning, Montaño said.
The accident occurred just before 2 a.m. outside WilLee's Blues
Club, 401 S. Guadalupe St., as Tenorio crossed Guadalupe Street, said
Santa Fe Deputy Police Chief Aric Wheeler said. The car — apparently a
newer-model black BMW with Washington, D.C., license plates — was
traveling south on Guadalupe, he said.
The driver fled after hitting the man, Wheeler said. Officers
spotted the car downtown not long after and pulled the driver over in
front of the Santa Fe Community Convention Center, Wheeler said. The
car remained in front of the center Wednesday morning, with a sizable
portion of the passenger side windshield broken out, the driver's door
open and both driver's side tires flat.
Fierro, 36, appeared to be drunk when he was arrested and was taken
to Christus St. Vincent Regional Medical Center, where medical
personnel drew blood. His blood-alcohol content was not available
Wednesday, Wheeler said.
Fierro was not injured at the time he was arrested, he said. Sgt.
Alfred Lovato — a member of both Richardson's and former Gov. Gary
Johnson's security details — also was not injured.
Fierro was later booked into the Santa Fe County Jail and charged
with vehicular homicide and leaving the scene of an accident that
caused death or personal injury.
Officers found Tenorio in the road across from WilLee's, Wheeler
said. A number of people leaving the blues club witnessed the accident
and were able to provide a vehicle description of the car that hit him,
he said.
A witness who crossed the street just before Tenorio heard a flat
tire noise as Fierro's car approached the spot where Tenorio was hit,
Wheeler said. Tenorio crashed into the windshield of the car, then
rolled off the passenger side, Wheeler said.
Tenorio's family did not want to talk about specifics of the
accident Wednesday and were concentrating on getting his body back to
San Felipe Pueblo for burial, said Stephanie Poston, a family friend.
Tenorio was self-employed as a disc jockey and also worked in recent
get-out-the-vote efforts, she said.
He was divorced and had two daughters, Diana, 23, and Adrian, 20,
as well as a son, James, 15, Poston said. He was dedicated to his
children, all of whom live on San Felipe Pueblo, and was focused on
many of their activities, she said.
Poston also described Tenorio as a social person. "He was a very out-going individual," she said. "He made friends easily."
The governor called Tenorio's mother, Rose Tenorio, on Wednesday and expressed his condolences, Poston said.
Fierro's lawyer, Colin Hunter of Albuquerque,
said his client is not guilty. "Carlos' thoughts and prayers are with
the family of Mr. Tenorio," Hunter said. "I am confident that when all
the facts come out, they will show that Carlos is not guilty of what he
has been accused of."
Hunter declined to comment further.
At an afternoon news conference, state police Chief Faron Segotta
said he was upset with Lovato, a 17-year veteran. He hadn't yet spoken
to Lovato, who will remain on administrative leave until an internal
investigation is completed. Wheeler, the deputy police chief, said
Lovato could face a charge of failing to render aid in connection with
the accident.
"Absolutely," Segotta said when asked if he was shocked his officer
allegedly failed to stop to help Tenorio. "Somebody that has that
number of years on the New Mexico State Police understands their
authority and responsibility. Although he was not the driver, that
doesn't really excuse his actions, I guess, or lack thereof.
"To say disappointed would understate my feelings. Police officers
are held to a higher standard; New Mexico State police officers are
held to the highest standard. For our officer to be in a situation
where we have such an unfortunate thing occur is such a devastating
thing to the agency as a whole."
Segotta said his agency's investigation should provide a better idea of Lovato's actions before and after the crash.
"Not being the driver," he said, "I don't know what type of a
position (Lovato) was in to enforce the driver to pull over, stop.
That's hopefully something we'll have answers to."
Wheeler said investigators don't yet know where Fierro and Lovato
were before the crash, though preliminary information indicates they
might have patronized one or more downtown bars.
Police seized the BMW and plan to obtain a search warrant for it, Wheeler said.
Fierro — a 1991 Santa Fe High School graduate — ran for the
Democratic nomination for the state Public Regulation Commission in
2004 and served as Don Diego DeVargas in 1997, according to
New Mexican archives.
Fierro is listed in the New Mexico Bench and Bar Directory as a
lawyer in Washington for the Avanza Group, a financial advisory
business, according to corporateinformation.com. No address is listed
for Fierro in the directory.
After graduating from Santa Fe High, Fierro attended the New Mexico
Military Institute in Roswell and was commissioned as a second
lieutenant, according to a
New Mexican story written about
him in September 2007. He later graduated from the University of
Massachusetts Amherst in 1996 with degrees in political science and
Spanish. He graduated from The University of New Mexico Law School
three years later, according to the story.
He served as legislative assistant and legislative director for
U.S. Rep. Tom Udall, D-N.M. At the age of 28, Fierro was appointed
senior counsel to Sen. John McCain on the U.S. Senate Commerce
Committee. A call to a Udall spokeswoman in Washington seeking comment
Wednesday morning wasn't returned.
Fierro also guided negotiations on long-standing land, tax and
jurisdictional and natural resource-management issues between the
Jicarilla Apache Nation and the Rio Arriba County Commission. He also
has worked with the government of Spain to re-establish ties between
New Mexico's 19 Indian pueblos, according to the
New Mexican story.
The New Mexico State Bar named him its Outstanding Young Lawyer of the Year in 2007.
Fierro ran against Ben Ray Luján and four others for the Democratic
nomination for the PRC in 2004, a position Luján later won. During that
race, Fierro told a reporter he worked on the Enron scandal in
Washington as well as for increased vehicle fuel efficiency and
increased availability of generic drugs.
According to online court records, Fierro was charged in
Albuquerque Metropolitan Court with driving while intoxicated and
driving the wrong way in April 1997. He pleaded not guilty to the
charges, and they were dismissed in August 1997, although court records
do not provide a reason for the dismissal.
He was charged with aggravated battery in 1992 in Santa Fe District
Court, although the case was later remanded to Magistrate Court. An
outcome of the case was not available Wednesday. Most recently, he was
charged with disorderly conduct in September 2003 in Santa Fe County
Magistrate Court. The charge was dismissed in April 2004, according to
online records.
Staff writers Doug Mattson and Julie Ann Grimm contributed to this report.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.