Pursuit suspect freed without bond

BERNALILLO, N. M. (KRQE) - An accused drunken driver who starred in a police pursuit video featuring near collisions with oncoming cars walked free without bond Monday after critical arrest documents went missing.

The Nov. 23 video from a New Mexico State Police cruiser also showed suspect Roy Aguilar falling out of his truck which then backed over him. He was charged with aggravated DWI.

Now State Police are looking into why a statement by the arresting officer justifying the charge did not find its way to Sandoval County Magistrate Court before Aguilar's arraignment.

Calls to the Drunk Busters hotline alerted cops and started the frightening chase on State Road 16 from west of Interstate 25 toward Cochiti Lake. The dashcam video showed the pickup truck weaving off and onto the road before narrowly missing one oncoming car as it left the pavement and almost hitting another when it returned.

The truck then veered off the road through a barbed wire fence into open country where Aguilar finally stopped and apparently shifted into reverse before opening the door and falling out. That's when truck rolled over both of his legs.

Aguilar was taken to a hospital with minor injuries and then to jail. Eight days later a Sandoval county magistrate released him on his own recognizance.

KRQE News 13 attempted to contact the magistrate but the chief court clerk said the judge already had left for the day.

However the clerk said the judge had no choice but to release Aguilar since the officer's probable-cause document was not part of the court file.

Court rules require that statement be filed within three days of the arrest, the clerk said.

News 13 then contacted State Police. Lt. Eric Garcia said the court had contacted State Police in the middle of last week asking about the missing document.

"The arresting officer normally puts together the probable cause and criminal complaint and the other supporting documents for the magistrate court judges," Garcia said.

State Police mailed the paperwork, and the Sandoval court said it arrived Monday but a little too late.

Aguilar's release without bond is not something police wanted to see.

"Absolutely not," Garcia said. "If the paperwork was submitted, the probable cause and criminal complaint, the Sandoval magistrate court would've retained him."

Garcia said State Police plan to look into why the probable-cause document was missing.

News 13 also went to Aguilar's home today, but he wasn't there. However his father was there and conceded his son made a mistake.

He also said he plans to tell his son to straighten up.

Aguilar had no prior DWIs but according to police was driving on a suspended license and had two outstanding traffic warrants.