Updated: Wednesday, 01 Apr 2009, 4:56 PM MDT
Published : Wednesday, 01 Apr 2009, 2:15 PM MDT
ALBUQUERQUE (KRQE) - An Albuquerque Police Department supervisor will not go to trial for the hit-and-run death of a woman in a bar parking lot, a district judge ruled Wednesday.
District Judge Pat Murdoch ruled prosecutors did not present sufficient evidence to take APD Sgt. Andrew Gallegos to trial.
Gallegos, who was a supervisor in the traffic unit and off duty that evening, was charged with leaving the scene of the accident and tampering with evidence.
However Murdoch found there was no evidence Gallegos knew he left the scene of the accident so he can't be charged with that crime or tampering with evidence. Murdoch did not rule on whether Gallegos actually was the driver in the incident.
"It was my impression as well as the impression of at least three of the officers that the person had no knowledge that there'd been an accident," Murdoch said in delivering his ruling. "In my interpretation of the law there must be that knowledge, and the state must be able to prove that knowledge."
In April of last year someone ran over Vera Haskell, 47 in the parking lot of Sidewinders Bar. She died from her injuries.
The prosecution argued that Gallegos was the driver in the pickup seen in the surveillance video. Medical evidence during this week's preliminary hearing indicated Haskell was heavily intoxicated and already was on the ground then the truck ran over her while backing out of a parking space.
After three days of testimony including the graphic details of Haskell's injuries her mother broke down in court.
"My daughter," she cried out.
"I will not allow this in my courtroom," Murdoch said in calling for silence.
Haskell's mother and the prosecution left the courthouse through a back door and declined to comment.
Prosecutors told Murdoch they may appeal.
Gallegos is on unpaid leave from APD. There was no immediate word on whether he will be reinstated.