Former Santa Fe attorney Carlos Fierro walked out of prison …
Relatives of victim William Tenorio console each other after Carlos Fierro was convicted in his death.
Former Santa Fe attorney Carlos Fierro walked out of prison …
The Santa Fe attorney who hit and killed a man while driving …
Updated: Friday, 02 Oct 2009, 8:22 PM MDT
Published : Friday, 02 Oct 2009, 2:49 PM MDT
SANTA FE (KRQE) - High-powered Santa Fe lawyer-lobbyist Carlos Fierro faces a six-year prison term after being convicted Friday of vehicular homicide in the drunken-driving death of a pedestrian.
However the jury couldn't decide whether Fierro also was guilty of leaving the scene of an accident. The jury hung 11-1 for conviction after witnesses testified Fierro sped away from the scene outside a downtown club at closing.
In his testimony Fierro conceded he was intoxicated after a night of bar hopping when he struck and killed William Tenorio on Guadalupe Street on Nov. 26. However he and his attorney argued Tenorio was drunk and wearing dark clothing when he stepped out in front of Fierro's BMW.
Jurors reached the verdict Friday afternoon following deliberations that began late Monday.
They could not reach a verdict on the lesser charge of leaving the scene of the accident with death or serious injury. That would have tacked three years onto his prison sentence.
One juror would not vote to convict Fierro, so that case ends in a hung jury and mistrial. Santa Fe County District Attorney Angela “Spence” Pacheco will decide sometime next week if she’ll have that charge retried.
Fierro’s mother and grandmother wept openly in court after the guilty verdict was read. Fierro was handcuffed and taken to jail, where he’ll likely remain until his scheduled sentencing Nov. 13.
Relatives of Tenorio said they were pleased by the verdict, but worn down by a long week of waiting for a decision.
"The waiting has taken its toll on everybody,” David Tenorio, William’s brother, said. “I know that it's both families, not just ours, and it hurts to wait."
Just after the verdict, one of Fierro’s relatives said Fierro was “railroaded” by the judge and prosecutors because jury instructions were changed Thursday afternoon three days into jury deliberations.
Fierro’s attorney Jason Bowles said because of the change in instructions the defense will file for a new trial next week.
"We pretty much knew what was going to happen after the state submitted this modified law and they changed the law in the middle of jury deliberations,” Bowles said. “That kind of dictated the result."