Cop given ride instead of sobriety test

ESPAÑOLA, N.M. (KRQE) - The Española police chief has called for an internal investigation after one officer was found passed out in a truck with the ignition on Thursday morning and another officer failed to check his sobriety before letting him go home.

Police Chief Leo Montoya said on around 1:45 a.m. Thursday police were called out the parking lot of an Allsup’s convenience store after someone found a man passed out cold in the front seat of a pickup truck.

Montoya said when officers arrived they woke the man and found a familiar face.

“When the officer went to wake him up he recognized the individual as being Moises Peña, who is a police officer for the city of Española,” Montoya said.

Montoya said Peña was lying across the front seat and not only were the keys in the ignition, the truck was still running.

“He was suspected of being under the influence of alcohol,” Montoya said.

That typically would be grounds for a DWI test. However, the chief said Peña wasn't asked to perform a field sobriety test, didn't have to take a Breathalyzer test, and when medics arrived, he refused medical attention so no blood was drawn.

To add to all of this the Española fire chief said the person they responded to that morning became combative with the firefighters. Still Peña never sat one minute inside a jail cell.

The police chief said there are still some unanswered questions about how Peña got there.

“We don't know for sure if he was dropped off there or if someone was with him and they just parked there and the other individual left,” Montoya said.

The chief hesitated to say if this means drunken driving, but District Attorney Angela “Spence” Pacheco didn't hesitate to say someone fouled up.

“Based on the information I have he should have been arrested,” Pacheco said.

It's now up to Pacheco to determine if the officer should be charged.

“If there is not a blood test, a field sobriety test or breath test, yes, without that it makes it very difficult to have a successful prosecution," she said.

Prosecution is only half of Peña’s problems.  The chief has started an internal investigation into Peña and the officers that were there that night.

“Rest assured that I will be dealing with this,” Montoya said.

Peña was given a ride home, but the chief said he doesn't know if it was an officer who provided the ride. That is also part of the internal investigation.

The chief said they are still looking into whether Peña will be placed on administrative duty or leave.