Tag: rio-rancho

  • Judge will not reconsider sentence for woman who killed 2 in DWI crash

    SANDOVAL CO., N.M.- Judge Louis McDonald denied a motion by the district attorney’s office to reconsider the three-year sentence for Christie Noriega.

    She received the sentence after the judge expressed concerns about whether the department of corrections could treat Noriega’s liver disease.

    Noriega’s attorney said the back-and-forth about the sentencing has made for a tough week for his client. “She is very relieved that the court stuck with its original decision. She accepts responsibility for what happened and will now begin her prison term,” said attorney Steve Aarons.

    Noriega pleaded guilty to two counts of homicide by vehicle and aggravated DWI.

    Michael Chambellan and Lonnie Escovedo were killed in the crash on I-25 near Algodones.

    Noriega faced up to 30 years in prison for the crimes.

     

    by Hoshua Panas, copyright 2019 by KOB. Reprinted with Permission

  • GOP lawmakers want judge to resign for suspended sentence

    by ELISE KAPLAN / JOURNAL STAFF WRITER

    Republican legislators from Rio Rancho are calling for a judge to resign after he sentenced a drunken driver who killed two people to three years in prison.

    Christie Noriega, 32, pleaded guilty in September to two counts of vehicular homicide and aggravated driving while intoxicated in the deaths of Lonny Escovedo, 28, and Michael Chambellan, 21. She was facing up to 30 years in prison.

    In early March, she was heading southbound on Interstate 25 near Algodones when she crashed into the two men, who were changing a flat tire on Escovedo’s car. The men died at the scene.

    Noriega’s 2-year-old son was in her car but was not injured.

    On Friday, 13th Judicial District Judge Louis McDonald sentenced her to 30 years in prison, but suspended all but three years. Following the three years, Noriega will be on supervised probation for five years and could be ordered to serve her full sentence if she violates probation.

    “This goes beyond unacceptable, is a dereliction of duty and shows a complete lack of judgment,” Rep. Jason Harper, R-Rio Rancho, said in a news release Monday. “It’s decisions like this one that erode confidence in the criminal justice system in New Mexico. Judge McDonald should resign.”

    Rep. Tim Lewis, R-Rio Rancho, and Sen. Craig Brandt, R-Rio Rancho, are joining Harper in the calls for McDonald’s resignation.

    The judge was not immediately available for comment late Monday, and a court administrator said he would be able to provide more information about the sentencing today.

    Noriega’s defense attorney, Steve Aarons, said he thought the call for McDonald’s resignation was “horrible.”

    “I can say that it’s unfortunate that people are judging a very seasoned district court judge without having all of the facts that he had,” Aarons said.

    He said there were many factors that led to Judge McDonald sentencing his client to three years, including recommendations from the New Mexico Corrections Department and Noriega’s lack of a criminal or DWI history.

    Noriega underwent a 60-day diagnostic at the Western New Mexico Correctional Facility in the fall and a psychologist wrote that “it is likely best for all involved that any incarceration that might be felt appropriate to be as short in total time as possible.”

    The diagnostic, according to Aarons, states that Noriega “does not appear to have any significant substance use disorders” and although she did drink alcohol the day she crashed into Chambellan and Escovedo “she did not make impulsive or reckless decisions about her alcohol use on that day.”

    Aarons said Noriega has a nonalcoholic fatty liver disease that prevents her body from absorbing and eliminating alcohol.

    Media reports zeroed in on the disease and highlighted the judge’s questions about whether the corrections department could handle her care.

    Aarons, however, said there was a lot more that went into the sentencing decision.

    “I really think its her lack of history,” he said. “Even the Corrections Department recommended the least amount of time possible.”

    He added that the victims had also parked in an area just a couple of feet from the traveling lane and had a door open.

    Copyright © 2019 Albuquerque Journal (reprinted with permission)

    Click here to see this article as it appeared in the Albuquerque Journal 

  • Drunk driver who killed two men on I-25 receives 3-year sentence

    Drunk driver who killed two men on I-25 receives 3-year sentence

    RIO RANCHO, N.M. – She drove drunk with her 2-year-old son in the car and plowed into two men changing a tire on the side of I-25, killing them. Christie Noriega was facing more than 30 years in prison, but Thursday a judge gave her a huge break of just three years. Both of the men’s families were shocked by the sentence, many of them bolting from the courtroom in disbelief.

    “Nothing will rectify the damage done by her choice to drink and drive. The state has too many families that suffer the consequences of drunk drivers,” Mikey’s mom, Tracy Chambellan, said.

    Both Mikey Chambellan and Lonnie Escovedo’s families spoke at Noriega’s sentencing Thursday.

    The two men were killed last March when Christine Noriega drove drunk along I-25 and plowed into the two men as they were changing a tire on the side of the road near Bernalillo.

    Noriega pled guilty late last year to two counts of vehicular homicide and aggravated DWI, and Thursday she apologized to the men’s families.

    “Please know that I am very, very, very sorry for hurting you and breaking your hearts and for taking away Lonnie and Michael,” Noriega said.

    The families both asked Judge Louis McDonald to give Noriega the full 30 years before he settled on that three-year sentence.

    At one point, the judge said he was concerned about Noriega’s dietary needs in prison. That’s because the mother of five has liver problems.

    The victims’ families feel Noriega has never shown remorse and has always acted like the victim in all this.

    They even pointed out the GoFundMe page Noriega set up last year to help pay for her legal defense.

    Since this is considered a non-violent crime, Noriega will only have to serve half of the three-year sentence.


    Arguments of counsel:

    Several hours before the accident, Christie Noriega drank too much, but in that she was not alone. Her family did not know, she did not know, that she suffers from a nonalcoholic fatty liver disease which prevented her body from absorbing and eliminating alcohol. They thought it safe for her to drive back to Rio Rancho in the early evening, but she never made it home.

    Ms. Noriega pled straight up to the charges, and she accepts responsibility for her actions. As her advocate I often wonder if this accident might have happened even without her drinking. An aggressive driver, someone who triggered more than one 911 call all the way into Albuquerque, tried to pass her on the right. There was a slower moving car on the right so he got behind Ms. Noriega and flashed his lights. She was frightened with her two year old in his car seat, sped up to pass the slower moving traffic and veered into the right lane so the man would stop tailgating and just pass. She was unfamiliar with her eight passenger SUV. It was not as nimble as her old car and it yawed across the fogline. Recently we learned that at least one of the victims had a blood alcohol content of .301, more than twice Ms. Noriega’s .14, nearly four times the legal limit. They too drove drunk and, if sober, they might have driven just a few yards farther after the short span of guardrail and parked safely. The final mistake was the door, wide open. Ms. Noriega clipped it, sending her vehicle into a 180* spin and killing both men.

    Dr. Penland is better able than I to discuss Ms. Noriega’s personal characteristics. But let me add that I cannot remember a DOC psych eval in which zeros are marked down the page, a “very low risk” for future misconduct. This woman has made a difference in raising her five children. As Dr. Klein said in his independent report, “it is likely best for all involved that any incarceration that might be felt appropriate to be as short in total time as possible.” I join in his recommendation, and ask the court to consider some or all of the incarceration to be house arrest. We are only recently seeing this form of sentence but it makes sense in this case. It reminds the defendant, her family and the community that there are consequences. It enables the defendant to get the medical intervention her liver requires. It saves taxpayer money and resources better spent for violent defendants and those unable to curb their addictions. And last but not least, it allows her three year old son to get a hug whenever he needs one.