Drunken driver sues restaurants, buddy

SANTA FE (KRQE) - Already serving a 40-year prison sentence for driving drunk and killing two teen girls in a car crash, James Ruiz is suing a drinking buddy and the restaurants that served them alcohol.

The wreck happened March 5, 2010, when Ruiz drove his friend Gilbert Mendoza's truck after a long night of drinking. Ruiz caused a massive pileup on Cerrillos Road in Santa Fe that killed Deshauna Peshlakai, 17, and Del Lynn Peshlakai, 19.

His blood alcohol content was 0.22, nearly three times the legal limit. At the time of the crash, Ruiz had already been convicted of three DWIs and was awaiting trial on his fourth.

Ruiz was convicted of vehicular homicide in 2011 and is serving his time at the Western New Mexico Correctional Facility in Grants.

Now he's pointing fingers.

On Wednesday Ruiz filed a hand-written lawsuit from behind bars in Santa Fe District Court against the Blue Corn Cafe, Applebee's and Mendoza.

In the lawsuit, Ruiz claims both restaurants should have known he was drunk the night of the crash and shouldn't have let him leave. He specifically states that one Applebee's employee knew he was a "habitual drinking alcoholic."

As for Mendoza, Ruiz says his friend was negligent letting him use his truck putting both himself and the public at risk.

Ruiz blames all three for "pain and suffering, mental anguish and distress, physical impairment, disfigurement, loss of earnings, ...loss of freedom and loss of enjoyment of life and liberty."

He does not specify the damages he wants paid out.

News 13 reached the Peshlakai girls' mother Darlene Thomas over the phone. She said she was frustrated with Ruiz but had faith the judicial system would properly sort his case out.