ALBUQUERQUE, N.M. (KRQE) – An Albuquerque man accused of driving drunk and killing someone was expected to go on trial Wednesday for a separate DWI charge, but it’s been canceled.
In February, Albuquerque police stopped Joshua Appelgate, 23, after an officer clocked him going 76 in a 45 mile per hour zone on Coors near Eagle Ranch. According to a criminal complaint, Appelgate admitted to having one shot, but police say he blew a .14. He was arrested and charged with DWI.
A month later, Appelgate was involved in a deadly crash on McMahon, near Unser. Witnesses told police Appelgate was on his phone and speeding when he crashed into another driver, killing him. He was eventually charged with vehicular homicide.
Appelgate was expected to go on trial Wednesday for the first case. Instead, his attorney filed a motion saying both parties have “discussed a possible plea agreement,” but that Appelgate needs more time to find out if pleading in the case will have any consequences in the vehicular homicide case.
The trial for the first case is now set for October. The vehicular homicide case is set for next July. In that case, Appelgate’s attorney has argued that the other driver pulled in front of the 23-year-old that night and that his blood alcohol content was .06.