New Mexico officials should worry less about possible business losses from a Memorial Day motorcycle rally and more about strengthening their driving laws.
A Memorial Day weekend crash in 2004 that killed two Pueblo motorcyclists during a rally and injured two passengers has enraged Colorado bikers because a teen- ager blamed for the tragedy hasn’t been prosecuted. New Mexico Gov. Bill Richardson sent a delegation to Denver April 17 to try to persuade bikers to drop a planned boycott of the annual Red River Run in northern New Mexico.
The head-on collision near Questa last year killed Les Walker. Tim Serles died later of his injuries. Walker’s fiancee, Kathleen Pullara and Serles’ widow, Jennifer, were severely injured. Pullar lost part of her left leg.
A 15-year-old boy with a learner’s permit allegedly pulled up next to a car driven by a cousin, causing the crashes. The teen first blamed the motorcyclists but then admitted crossing into their lane while distracted.
The legal aftermath of the tragedy seemed badly handled from the start.
Taos County District Attorney Donald Gallegos, who admitted he has ties to the boy’s family, filed two felony counts but dropped them in January, saying the incident didn’t rise to that level. The only violations applicable are careless driving and driving without a license, the DA said.
Gallegos has since referred the case to another DA, which he should have done at the start.
But there also seems to be weaknesses in New Mexico law, which requires a three- year prison sentence for adults convicted of vehicular homicide. In Colorado, the sentence for the crime is 2 to 8 years – or 4 to 12 years if drinking is involved.
Juveniles accused of vehicular homicide in New Mexico are tried in Children’s Court and can be sent to a youth detention facility for terms of either one year or two, but only to age 18.
Careless driving in New Mexico carries “minimum fines and jail time,” according to a representative of the attorney general’s office.
But in Colorado, careless driving resulting in death carries 18 to 24 months’ incarceration for adults. That’s been applied to teens in several cases, with penalties including jail time, home detention and probation.
Instead of focusing on bikers’ wallets, Richardson should get legislators to tighten up the laws to better protect visitors and New Mexico residents alike.
