More than 24 hours after a pedestrian was struck and killed on U.S. 84/285, Pojoaque Pueblo's lieutenant governor contacted tribal police and told them she had "done something very bad," according to the Santa Fe County Sheriff's Department.
Pojoaque tribal police then went to Linda Diaz's home and found
that her car — a silver 2000 Mercury sedan — had sustained damage
consistent with striking Phillip Espinoza, 31, says the sheriff's
report, released Thursday. A black and silver mirror found near the
man's body also matched Diaz's car.
A man walking his dog found Espinoza's body at 11:51 a.m. on April
4, in or near bushes along the side of the highway, Santa Fe County
Sheriff Greg Solano said.
An autopsy determined that the Chimayó man had been laying there
for five to six hours, Solano has said, which would pinpoint the likely
time of death at between about 5 and 6 a.m. April 4.
Diaz, 52, called Pojoaque tribal police Sunday, April 5, in the late morning, Solano said Thursday.
The case has since been turned over to the Bureau of Indian
Affairs, which is still investigating and has declined to release any
information about the case. Norm Cairns, spokesman for the U.S.
Attorney's Office, said Thursday that no charges have yet been filed in
connection with the case.
Diaz was not in her office Thursday morning, and a woman who
answered the phone refused to take a message for her, saying it would
be "awhile" before Diaz would be in the office. The woman offered to
transfer a reporter to another person, then hung up the phone.
Pojoaque Gov. George Rivera did not immediately return a phone
message Thursday morning. Sam Winder, Diaz's Albuquerque attorney,
declined Thursday to comment on the Sheriff's Department report.
Evidence at the accident scene — about 150 yards from Al's Liquor
on pueblo land — indicated that Espinoza was walking northbound on the
paved shoulder next to the road's northbound lanes at the time he was
struck, the report says. The car hit him from behind, striking his left
calf area with the right front bumper and right front fender, according
to the report and Santa Fe County Sgt. Joe McLaughlin.
Espinoza was next hit in the waist area by the car's right-side mirror. The back of his head struck the windshield pillar.
"The cause of death was determined to be a massive skull fracture
and brain injury to the left rear side of the head," according to the
report, although it wasn't clear whether he died immediately.
McLaughlin, who responded to the scene, said investigators found no
evidence suggesting the exact spot Espinoza was first hit. However, at
least part of Diaz's car had to have been off the roadway when it
struck Espinoza, he said.
Investigators found a casino player's club card belonging to
Espinoza on the right side of a bicycle lane, according to a diagram in
the report. "Slide evidence" — a scuff mark left by a shoe or clothing
— was found about 10 feet off the roadway on the outside edge of the
road's paved shoulder, according to the diagram.
A pair of eyeglasses was about five feet away from that first
indication of where the body was struck, on an unpaved section of the
shoulder, according to the diagram. Espinoza's body was discovered in
or near bushes on the unpaved part of the shoulder, about five feet
north of the eyeglasses. His right shoe was found a few feet northeast
of his body, while the left shoe and the car's mirror were discovered
northwest of that, according to the diagram. Other debris left by the
collision was found north of the shoes and mirror.
Espinoza had last been seen at Big Rock Casino, where he worked as a valet supervisor, about 10 p.m. Friday, April 3.
He was seen at the casino's bar after he finished work, though
Solano said toxicology results from his body probably won't be
available for three to four weeks.
Investigators have no way to determine what, if any, blood-alcohol
level Diaz had at the time of the accident, Solano said, because she
turned herself in more than 24 hours after the accident.
Santa Fe County Sheriff's report on April 4, 2009 fatal crash on US 84/285
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