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Suspect's blood alcohol under study; woman, unborn child killed

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.

[RunningWolf]

Oh man,

Charge him with 2nd degree murder twice, and everything else that applies.

[Bulldawg Fan]

"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."

The America haters and other lunatic leftists will key in on this. Just blame the cop and let him take the heat. It's clearly his fault......(sarc)

[OldSmaj]

The red SUV was driven by Rigo Verto Guillen Martinez...

I would immediately say he was an illegal invader, however, the illegal invader apologists (read: liberal RINO pacifist cowards) around here would just accuse me of racism.

[NonValueAdded]

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.

And there you have the down-side of the "no chase" policy. The officer had to wait until the suspect committed a felony. Well, he finally did - murder, and a preventable one when all is said and done. And in the home of The Intimidator, too! I wonder if the rule was put in effect because the locals were tired of chasing Dale and Dale Jr.?

[TheBattman]

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.

Ummm I have a question - How is killing a person with a car while sober LESS of a crime than killing a person (actually two) with a car while drunk?

Either way - the result is two dead people -and a horribly traumatized little girl who now no longer has her mother.

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.

So - driving erratically, striking at least two parked vehicles, and speeding up to 80mph in a 35mph zone is not enough?

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. Which means that that there is likely zero insurance...

I hope all U-KNOW-WHAT hits the fan if/when it is discovered (assuming the press doesn't cover it up) that this guy is an illegal alien.

But at the time, the legal status isn't what is important - it is the fact that this should be two cases of MURDER. I have never understood there being a differentiation between different types of homicide - it's kind of like tacking on hate-crime penalties - is the woman and her baby any less dead if alcohol was not involved? Is their death any less wrong or horrible? If he was drunk - who decided to drive drunk? It wasn't the woman and her unborn baby. IF he was not drunk - then who is to say that he wasn't trying to take someone with him?

There are WAY too many different "levels" of murder charges - in my opinion, there are only be three types of homicide - Homicide, justifiable(self defense, which generally should never even go to court), and accidental. For it to be classified as accidental, it should have to be proven that there was no way to avoid it - say a major mechanical failure, and other real accidents. Otherwise - murder is murder. And being drunk, "crazy", or mad is not an excuse, nor a mitigating circumstance.

[WV Mountain Mama]

Prayers...

[Moonman62]

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.

Another illegal gets drunk, drives, and kills. It's a common story.