Error fixed, DWI driver back in jail

ALBUQUERQUE (KRQE) - A woman who nearly killed a teen in a drunken driving crash is behind bars again after a judge blocked her release into a community program, an action he thought he'd already taken.

District Judge Stan Whitaker ordered Alicia Hicks locked after a report on KRQE News 13 revealed she had been released into the Community Custody Program barely two weeks after he sentenced her to a year in jail.

Whitaker told News 13 he had denied her lawyer's request to place her in CCP with an ankle monitor, but conceded it might have been an oversight when he didn't file the follow-up paperwork.

Police said Hicks was driving drunk on July 5, 2008, when she veered off a northeast Albuquerque street and struck Milton Baca, who was 15 at the time.

The crash put Baca in a coma for a month and he was in the hospital for five and a half months.

"My head bounced off her windshield; she damaged my brain a lot," Baca said. "They said I only had a 20 percent chance of living."

Despite Whitaker sentencing Hicks to jail, the Metropolitan Detention Center released her to the CCP 16 days later. She was required to complete counseling, was monitored for drugs and alcohol and was on an ankle bracelet.

Whitaker said he was surprised when he saw the News 13 report because he had stated in court that he did not want Hicks on CCP.

Baca's mother, Jennifer Stone, also remembered the conversation in court.

"Her lawyer asked something about her being on CCP and the Judge said, 'No, she's not eligible for CCP,'" Stone said. "So when I heard she was out, I was a little shocked."

Whitaker said that community custody works well for many suspects. He also said he's learned from this case and plans to make sure the paperwork is filled out properly next time he's faced with a similar situation.

Baca and his mother are happy about that.

"It gives her time to sit in custody and think about the consequences of what she did," Stone said. "She practically killed my son, and she needs to sit in jail, prison, and think about that."

Whitaker said that as soon as he saw the News 13 story he called the CCP director and ordered Hicks be placed back in jail.