Man pleads guilty to vehicular homicide

By: Mike Linn: CNJ news editor

A Clovis man pleaded guilty to homicide by vehicle Wednesday in the July 4, 2003, death of a Clovis woman.

Joe Martinez, 44, faces up to 17 1/2 years in jail on charges he fled police while intoxicated and ran into and killed 39-year-old Bobbie Lynn Sandoval, court records show.

Melissa Equia, Sandoval’s sister-in-law, said the family is somewhat comfortable with the guilty plea and thankful to avoid a jury trial, which was scheduled to begin Monday.

“Joe Martinez chose his actions to drive drunk that night and regardless of the time he spends in jail, Bobbie’s husband, daughters and family are still paying the price,” Equia wrote in an e-mail to the Clovis News Journal.

Assistant District Attorney Fred Van Soelen said he will ask for the maximum incarceration for Martinez during sentencing, which will be scheduled in about a month after a pre-sentence report is complete. The minimum sentence the judge could give would be probation, he said.

“We’re very happy with the plea. This way we don’t have to put a family through a trial and this is a for-sure thing. We feel pretty confident he’ll get a long incarceration,” Van Soelen said.

Martinez’s attorney Thomas Harden did not return phone calls on Friday or Saturday seeking comment.

In the agreement, Martinez pleaded guilty to homicide by vehicle, leaving the scene of an accident involving great bodily harm, and aggravated fleeing a law enforcement officer. Three other counts of leaving the scene of an accident and a criminal trespass charge were dropped.

The incident also led the Sandoval family to file a civil lawsuit against the city alleging negligence on the part of Clovis police officer Rodney Wallace, who they say failed to use his siren and adequately warn by-standers, including Sandoval, of impending danger while chasing Martinez in a vehicle pursuit. The police vehicle followed Martinez’s pickup too closely and there was no need to chase the truck so fast for a misdemeanor traffic violation, the lawsuit alleges.

In his report of the incident, Wallace said he followed the pickup slowly for several blocks, then witnessed it crash into another pickup and speed away down 18th Street. In the report, Wallace said he turned on his sirens to warn the public and stopped to check for injuries before following.

The family seeks compensatory damages for pain, suffering and lost earnings and up to 10 percent interest on the judgment, Sandoval family attorney Eric Dixon said in June. Dixon, who did not return a phone call to his office Friday, said in June he plans to ask the court for $750,000, the limit under the New Mexico Tort Claims Act.

Equia said Martinez’s guilty plea should not impact the family’s civil suit against the city. She said no court date has been set on the lawsuit.

Police Chief Bill Carey declined comment on the case, but said in the summer of 2003 that Wallace used protocol the day of the incident. Wallace no longer works for the Clovis Police Department and is not listed in the phone book.