Crash victim's family upset with case

CLOVIS, N.M. (KRQE) - Felony charges against a former police officer involved in a crash that killed a Clovis woman, failed to stick.

Now he's pleaded no contest to a couple of misdemeanors and the victim's family is not happy.

It was a November night in 2010, just before Thanksgiving, when the family of 56-year-old Mary Castillo got a devastating phone call.

"We didn't even get a chance to get to the hospital, they called and told her that they were air-lifting her to lubbock but it was life threatening injuries, and we never got to talk to her again," recalled Castillo's younger brother, Ricky Martinez.

Former Clovis police officer Stephen Gallegos was originally charged with vehicular homicide for causing the crash that killed Castillo while he was on routine patrol.  

Castillo's family said it was at the intersection of Grand and Sycamore, not far from Castillo's home, where Gallegos was speeding, ran a stop sign and hit the truck Castillo and a co-worker were in.

They said she was getting a ride home after working at a Clovis restaurant. The driver of the truck, Edith Payton, suffered severe injuries.

For more than two years, Castillo's younger brother Ricky says the family followed the case.

Felony charges against Gallegos were dropped in June due to to a ruling there was interference with grand jury deliberations. A new attorney looked over the case, and the end result was Gallegos getting charged with careless driving and failure to control his speed. He was in court last week on the reduced charges.

"He was charged with vehicular homicide and great bodily harm to another passenger, (the District Attorney's office) told us he was facing nine years, then all of a sudden it went from nine years to no felonies," said Martinez.

Members of Castillo's family told KRQE News 13 they don't feel the charges are fair.

Martinez said his sister worked hard and loved kids. He also said he believes Gallegos' badge may have played a role in the outcome.

"There's a lot of people that, it was an accident and they're doing their time, why should he be any different you know?" said Martinez. "We feel that the justice system is laughing at us, because our sister's gone, how would they feel if it was their sister that he killed?"

Gallegos is scheduled for a sentence hearing on the misdemeanor charges on February 18th.

KRQE News 13 tried speaking with attorneys from both sides, but they did not get back to us by airtime.

However, Gallegos' attorney told the Clovis News Journal it was a terrible accident and Gallegos regrets it. Castillo left behind three children and four grandkids.