No charges for passenger in deadly DWI

ALBQUERQUE, N.M. (KRQE) - The passenger in a DWI crash that killed two teenage sisters will not face any charges.

The Attorney General’s Office told News 13 there was not enough evidence to move forward in prosecuting Gilbert Mendoza.

Mendoza was downing shots and beers with repeat drunk driver James Ruiz and even let Ruiz drive his truck the night he slammed into the back of the Peshlakai family’s car on Cerrillos Road in Santa Fe.

Teen sisters DeShauna and Del Peshlakai were killed.

Ruiz was sentenced to 40 years in October 2011 but he can be out in 20 years with good time.

Earlier this year News 13 obtained a letter filed with the court, in which Ruiz said Mendoza told him he would pick up another tab if Ruiz drove them home.

Mendoza’s attorney said Ruiz was not credible.

The AG’s office said it did not want to waste taxpayer dollars on a case it knew it could not win.

This is now the second high-profile DWI case where a passenger will not end up behind bars.

“They have wasted enormous state resources prosecuting a passenger for a driver’s actions,” said Attorney Sam Bregman.

That was Alfred Lovato's Attorney speaking after his client walked on a vehicular homicide charge in February.

A special prosecutor with the AG’s office tried to convince a Santa Fe jury that Lovato pressured and encouraged his drinking buddy Carlos Fierro to drive the night he hit and killed a man in 2008 and then took off.

The jury did not get a chance to decide because the judge stepped in and directed the verdict, acquitting Lovato.

It’s not known if that verdict played a role in the decision not to move forward in the Mendoza case.

The AG’s office told News 13 it is not giving up on charging passengers.