Santa Fe police said Tuesday that the lawyer charged with running down and killing a pedestrian the day before Thanksgiving and then leaving the scene had more than two-and-a-half times the legal limit of alcohol in his bloodstream.

Carlos Fierro's blood-alcohol content was .21 — far above the legal driving limit of .08 — about an hour after the incident when medical personnel at Christus St. Vincent Regional Medical Center drew blood from him, Deputy Police Chief Aric Wheeler said.

"I would say that's a relatively high blood-alcohol level in comparison to most DUIs," he said. "It is a significant number."

Meanwhile, lawyers for Fierro, who is free on a $250,000 property bond, have withdrawn a motion seeking to modify conditions of his release from jail. They filed the motion in Santa Fe County Magistrate Court the day after Fierro's release, asking a judge to allow him to travel statewide so he can take his daughter to school in Corrales and meet with his attorneys in Albuquerque.

An employee of the District Attorney's Office told family members of William Tenorio — the San Felipe Pueblo man who was fatally struck on Guadalupe Street just before 2 a.m. Nov. 26 — that the hearing would be at 8 a.m. today, said Stephanie Poston, a family spokeswoman.

However, lawyer B.J. Crow filed a notice Tuesday withdrawing the motion and asking to vacate this morning's hearing, according to Magistrate Court documents.

Calls to Crow and Fierro's other Albuquerque lawyers, Jason Bowles and Colin Hunter, were not returned Tuesday. Hunter filed a motion withdrawing as Fierro's lawyer, according to Magistrate Court personnel.

Santa Fe police investigators continue to investigate the incident in which an officer eventually pulled over Fierro's black BMW, which had a broken windshield and other damage, on a downtown Santa Fe street. Police have said Fierro and a passenger, state police Sgt. Alfred Lovato, apparently had been drinking at more than one bar prior to the collision.

Although one witness reported seeing a third person in the back seat, Wheeler said investigators still have not found any other evidence indicating a third person was in the car with Fierro and Lovato.

Also, police have not yet had time to examine a pre-paid cell phone found in Fierro's car, Wheeler said, though they suspect it likely belonged to Fierro. "Nothing points to it belonging to a third person," the deputy police chief said.

Detectives also are working with internal affairs officers from the state police, who are conducting an investigation into Lovato's role in the evening's events, Wheeler said. Santa Fe police have interviewed Lovato but have not released what he told them.

Peter Olson, a state police spokesman, said Tuesday that the investigation is close to being completed or is already done. Once the investigation is completed, the findings will be reviewed, and any personnel action will take place after that, he said. Lovato, a 17-year-veteran and a member of Gov. Bill Richardson's security detail, remains on administrative leave with pay.

Lovato has not been charged with anything in connection to the crash, though police have said that is a possibility.

Fierro, a politically connected lawyer who has held various government positions, was charged with vehicular homicide and leaving the scene of a fatal accident.

Witnesses have said Tenorio was thrown onto the car's windshield and flipped off the back of the vehicle before landing on the pavement. Fierro told police he thought someone standing in front of a nearby bar had thrown a rock at his car.

Contact Jason Auslander at 986-3076 or jauslander@sfnewmexican.com.

Correction:
A story in Wednesday's New Mexican mistakenly reported that Albuquerque attorney Colin Hunter filed a motion to withdraw as counsel for lawyer Carlos Fierro. He remains one of Fierro's three attorneys.