LANDIS - Blood alcohol tests will help a prosecutor decide whether to pursue second-degree murder charges against a man whose SUV hit a car driven by a pregnant Salisbury woman, authorities said Thursday.
The wreck killed Leeanna Newman, 20, who was eight months pregnant, and her unborn baby. Newman's 1-year-old daughter, Mallory, a passenger in the car, was not injured in the Tuesday wreck.
The red SUV was driven by Rigo Verto Guillen Martinez, authorities said.
Tests on the fetus will help determine whether Martinez, 33, will face a charge for the unborn baby, said Capt. Steve McNeely, the Landis police officer investigating the wreck.
McNeely said he talked about possible charges Thursday with Rowan County District Attorney William Kenerly.
A blood sample from Martinez has been sent to a Raleigh lab. If a blood alcohol test indicates Martinez was legally intoxicated, Kenerly could charge him with second-degree murder, McNeely said. A conviction would carry a sentence of 8 to 32 years in prison.
If the test shows Martinez was not intoxicated, Kenerly could charge Martinez with felony death by vehicle, which can carry a 15-month to six-year prison term.
A Kannapolis police officer reported Martinez was driving erratically Tuesday. He was following Martinez when Martinez crashed into Newman's car.
Witnesses have given conflicting reports, but some said Martinez was driving as fast as 80 mph near downtown Landis and the Kannapolis officer, David Horne, was right behind him.
Kannapolis police are examining whether Horne followed department policy on pursuing a suspect. Officers aren't supposed to chase a suspect unless the suspect committed a serious misdemeanor or a felony, Kannapolis Maj. Woody Chavis said.
Landis police are waiting for Kannapolis officers to give them a description of the Kannapolis officer's pursuit and a reconstruction of the crime scene before putting together a police report Kenerly can use to decide on charges.
Martinez was listed in fair condition Thursday at Carolinas Medical Center in Charlotte.
McNeely said Martinez broke several bones in his legs and needs more surgery before he can be discharged and arrested.
Immigration and Customs Enforcement agents are also still investigating Martinez' residency status.
Martinez had a Mexico driver's license when he was taken to the hospital. It's not valid in North Carolina, Landis police said. Martinez, who was living in Kannapolis near the Landis town limits, does not have an N.C. license, police said.
