ALBUQUERQUE (KRQE) - A man awaiting trial for vehicular homicide got a potential win today in court.
Anthony Ramos is accused of drag racing up Central Avenue NW when he and another man hit and killed a woman driving another car. On Tuesday the judge granted Ramos' request to allow the victim's cell phone records into evidence.
“All of our lives have been changed forever,” Tara Garcia’s mother, Angela, said last November near her memorial.
A decorated cross at 90th Street and Central. That’s how Tara’s family remembers her. The car driven by the 27-year-old hit not once, but twice in June 2012.
Albuquerque police say two cars drag racing on Central were speeding at nearly 100mpd when they slammed into her white Mazda. A few days later she died in the hospital.
Now Ramos is looking to turn the tables and place the blame on Garcia.
“We believe that her cell phone records would be vital to determine if she was using her cell phone at the time she was driving,” Ramos’ attorney, Andrew Ortiz, said.
Ramos and Ortiz say Garcia was looking down and passed through a stop sign causing the crash.
The state argues otherwise.
“I don't believe there’s anything to indicate she had a phone on her; according to family she didn't,” prosecutor Guinevere Ice said.
In a brief hearing Tuesday District Judge Briana Zamora gave the OK to have Garcia's phone records subpoenaed from 30 minutes before to 30 minutes after the collision.
“They can say she didn't have one, but this day and age everyone has a cell phone, everyone uses a cell phone,” Ortiz said.
Garcia's fiance described her as a safe driver during an interview late last year.
“She was a loving person. We just miss her dearly," Matt Torres said. “She was just one of the most careful drivers.”
The other driver involved, David Jansen, pleaded guilty to vehicular homicide in June. He was sentenced to nine months in jail. Ramos is scheduled to face trial early next year.
Tara's mother told KRQE News 13 Tuesday she's shocked Ramos would try to place the blame on her daughter.
Ramos is out on bond at this time. His attorney originally had asked for the phone records one hour before and one hour after the accident.
His trial is scheduled to get underway Feb. 3.
People all over the country, including here in New Mexico, are hoping this Friday the 13th turns out to be a lucky one for them.
It is unclear if weather played a roll in a rollover on I-25 north of Albuquerque Friday morning.
The U.S. House has agreed on a national budget and now the bill’s headed to the Senate. What the budget bill’s passage could mean for New Mexico’s oil and natural gas industries.
It seems with every game this season he looks like the best player on the court. Lobos senior forward Cameron Bairstow continues to shine.
Cold temperatures await once again as the Lobos open College Cup play against Notre Dame on Friday.
High school basketball tournaments are plentiful as the holiday season approaches. Thursday the Joe Armijo Classic started at Albuquerque Academy.