No felonies in crash that killed fire chief

BERNALILLO, N.M. (KRQE) - The District Attorney's Office has announced it will not be filing felony charges against the driver blamed for a crash that killed Sandoval County Fire Chief John Tibbetts.

On July 23 Tibbetts was driving to work northbound on Interstate 25 when another car crashed into the center barrier and caused Tibbett's SUV to flip into the southbound lanes near Bernalillo.

Deputy District Attorney Kevin Graham told KRQE News 13 there was no evidence to support felony charges.

Graham said the New Mexico State Police reports showed no evidence of cell phone use, intentional reckless driving or alcohol. It did show that the driver, Armando Saenz, 22, had marijuana and Spice in his car and in his system.

However, Graham said the levels were extremely low and could not prove Saenz was impaired at the time of the crash.

Graham said the case will now be sent back to State Police where the investigating officer could decide to pursue misdemeanor charges including careless driving. That charge carries a penalty of 90 days in jail.

A State Police spokesperson could not say if the department would pursue that avenue.

While the Sandoval County Fire Department and Tibbetts' widow did not want to comment on the DA's decision, Graham said Tibbetts was kind and gracious when they told her of their decision.