ROSWELL, N.M. (KRQE) – The Roswell man charged in a crash that killed a 17- and 12-year-old on Easter Sunday will have to stay behind bars until trial. Judge Thomas Lilley heard from both the state and defense Friday morning with one side fighting to keep John Ensor locked up and the other is asking for his release.
“He did not have the ignition interlock device installed which he had been court-ordered to do. So he has a history of rather not being compliant with court orders and not complying with conditions of probation which indicates he is unlikely to comply with conditions of release if this court were to order any,” said Deputy District Attorney Taylor Jaggers.
“We don’t know whether the cause of the accident was my client’s fault or, God forbid, I know this is a tragedy but it could have been the other driver’s fault,” said Ensor’s Attorney William Waggoner.
Investigators say 33-year-old Ensor tried to pass a vehicle on Highway 2 south or Roswell earlier this month when he collided head-on with a car driven by 17-year-old Danae Sosa. Sosa was killed along with her younger sister Darely. According to court documents, police found a syringe containing either fentanyl or meth. Friday, his attorney argued there are too many unknowns and it could have been someone else’s fault.
Judge Lilley sided with the state, who pointed out his prior criminal history and not following court orders. ” I do think it’s relevant because it dictates how he’s going to act in the future. And if he continues to act in this way he is a danger to all of us,” Judge Lilley said.
According to court records, Ensor’s criminal history dates back to 2008 and he was on probation on a prior DWI at the time of this latest incident. Ensor’s attorney argued that he was hurt in the crash and his safety and well-being were also important. Judge Lilley suggested he keep in touch with the jail to make sure he was receiving proper medical care.