Judge dismisses charges against driver in wrong-way crash
The Sanchez family was hospitalized for several days and weeks at
A police report detailed erratic behavior by Miller immediately after the crash. She told a doctor she wanted to "be free" and "break the speed of sound," according to the report.
Miller, who admitted to police that she was using "cannabis and other medications including CBD (cannabidiol) oil" at the time of the crash, was never arrested. She was charged with one count of aggravated DWI with great bodily harm, a third-degree felony that carries a sentence of up to three years in prison. She was also charged with one count each of assault on a peace officer, driving the wrong way, failure to stop and reckless driving, as well as four counts of speeding.
During Wednesday's hearing before District Judge
Miller, who suffers from myriad mental-health issues, including post-traumatic stress disorder, suicidal tendencies, delusional thoughts and depression, was found incompetent to stand trial in March, according to her attorney,
As a result, the 3rd
In doing so, Limón on Wednesday called the Sanchez family to testify before
She said she is unable to sit for long periods of time and is still taking medication for pain, as well as receiving therapy for her injuries. She also said her son, who before the crash was a "top student" at his school, has lost motivation and is now suffering academically.
"It's been very hard for me because I've never been like that," he said through the interpreter. "I'm really feeling desperate because I want to work. I cannot work, and I cannot pay my bills."
The couple told the court they feared Miller could harm others.
"We want justice for us, and we do not want her (Miller) to go out like that,"
Later,
During his argument, Madrid said Miller has not posed a threat to the community since being released from treatment facilities in January. He also pointed out that probable cause had not been established in Miller's case, which also had gone through the grand jury process.
Madrid then told the court Miller had no prior criminal history before the crash.
"In a case like this," Madrid said, "it's hard to ignore that it's been almost a year without issues."
Madrid maintained that the prosecution was unable to legally prove, through evidence and testimony, that Miller was a danger to others and herself. "Where was that testimony today? Nowhere," he said.
Martin then rendered his decision.
"Even though this was a terrible, awful accident, which resulted in serious bodily injury to the three innocent victims, the question I must answer is: Does the defendant pose a serious risk of harm to others?" Martin said.
He said, "There is not sufficient evidence to show
Martin then dismissed the case with prejudice. After the hearing, Madrid said he believe it was unlikely the case would be brought back to court.
"I want to impress upon people that
In June, the Sanchez family filed a civil lawsuit against Miller and her insurance company. That lawsuit is still pending.
Carlos Andres López can be reached at 575-541-5453.
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