The case against Alfred Lovato is "back to square one," according to his attorney.

The New Mexico State Supreme Court on Monday announced it will not review the March decision by the Court of Appeals to have the former state police officer stand trial on charges stemming from the 2008 vehicular homicide of William Tenorio in Santa Fe.

Lovato, 40, an off-duty member of former Gov. Bill Richardson's security detail, was a passenger in the car driven by attorney Carlos Fierro, who has been convicted of vehicular homicide for being drunk and driving his car into Tenorio in downtown Santa Fe.

State District Judge Michael Vigil had dismissed the case against Lovato, but the Court of Appeals overturned that decision in March after reviewing an appeal filed by Assistant Attorney General Donna Bevacqua-Young, the agency's DWI special prosecutor.

"We're disappointed," Sam Bregman, Lovato's Albuquerque-based defense attorney, said. "We had agreed with the state district court's ruling and this takes us back to square one on this case, and we'll go from there."

Lovato originally faced charges of being a party to a crime and of vehicular homicide.

"My client was simply a passenger in a vehicle where there was a terrible accident," Bregman said. "My client did not commit vehicular homicide."

A news release sent out to media Monday afternoon by the Attorney General's Office stated Lovato's "accessory liability" to Tenorio's death warrants criminal charges.

"The New Mexico Court of Appeals agreed with the AG's office that, 'it is a crime to aid and abet vehicular homicide' and that Lovato's 'due process' was not violated," according to the news release.

Bregman would not comment on specific conversations he's had with Lovato on the matter, only stating the two were "very disappointed" with Monday's news. Still, he maintains he and Lovato have enough of a case to win on merits if it does go to trial.

He does not know when the case will next appear in State District Court in Santa Fe.

Police said Fierro, after a night of drinking in Santa Fe bars with Lovato, had a blood-alcohol level nearly three times the legal limit when his car hit Tenorio, 46, of San Felipe Pueblo as Tenorio crossed Guadalupe Street in front of the now-defunct WilLee's Blues Club on Nov. 26, 2008.

A jury in late 2009 convicted Fierro of vehicular homicide and he then pleaded guilty to leaving the scene of a fatal accident. His appeal for clemency from Richardson was unsuccessful.

Fierro is incarcerated in the Central New Mexico Correctional Facility in Los Lunas.

Bregman said he would not comment on whether Lovato is employed. He worked for a short time in 2010 as a Rio Arriba County Sheriff's Deputy under former Sheriff Joe Mascareñas. A spokesman for current Sheriff Tommy Rodella has said Lovato no longer is employed with the department.

Contact Geoff Grammer at 986-3076 or ggrammer@sfnewmexican.com. Read his blog at SantaFeCrime.com.