ALBUQUERQUE (KRQE) - Officials say the driver in a fatal crash Tuesday afternoon will be charged with vehicular homicide but a witness tells News 13 the accident wasn't the drivers fault.
Police say the Wayne Alan Selguero of Arizona could have been doing something that caused him to swerve onto the shoulder fatally hitting Timothy Sheehan, 23, who was on the side of the road changing a tire.
Shelly Ohnleiter witnessed the accident and says it looked like a tragic accident that couldn't be avoided.
"The guy could have been startled as he came around and saw him and just one little jerk of the wheel could have caused him to hit him," Ohnleiter says. "I new he was way to close to the edge of the road."
Sheehan was changing his tire on the inside shoulder, right around a bend in the highway, that's when police say Salguero slammed into him. According to investigators he never hit his breaks.
Salguero did pull over but refused to talk to investigators when they got there.
Police took Salguero's cell phone as evidence but won't say if they're looking to see whether he was texting or talking on his phone at the time of the accident.
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