Posted on 08/01/2003 7:10:10 AM PDT by CedarDave
Friday, August 1, 2003
Vigil Was Legally Drunk in Crash
By Chris Vogel Journal Staff Writer
ESTANCIA— Albuquerque Public Schools Superintendent Joseph Vigil had consumed more than one Long Island iced tea in the hours before his death and was legally intoxicated at the time of the wreck that killed him.
Torrance County Sheriff Pete Golden said lab results showed Vigil, 49, had a blood-alcohol level of 0.087, slightly above the legal limit of 0.08.
"If Mr. Vigil was the driver," Golden said, "he would have been driving under the influence."
Police believe Vigil was driving when the accident happened early Sunday morning, but the crash is still under investigation.
In a news conference Thursday, Golden said the following is certain about the eight hours before the crash of Vigil's black Lexus on a rural road in Torrance County:
Vigil picked up longtime friend Joe Gallegos, 34, about 6:30 p.m. Saturday and took him to the Riverpoint location of New Mexico Sports and Wellness on Albuquerque's West Side.
After that, the two went to have nachos and by 9 p.m. were drinking several Long Island iced teas— a mixture of vodka, tequila, rum, gin, triple sec, sour mix, a splash of Coke and a twist of lime.
Golden would not say how many drinks the two had, but Vigil bought and "had more than one." Where the two drank was not revealed, but it was not in Torrance County.
Afterward, the duo picked up Gallegos' stepbrother, Manuel Ruiz, 28, and the three men went to "several different places." The sheriff said he did not know if more alcohol was consumed.
Full and empty beer bottles were found in Vigil's car after the crash. Golden said he did not know when the beers were bought or who paid for them.
"By the time (Vigil's) blood was drawn, some of the alcohol may have dissipated," Golden said.
The accident occurred just after 2 a.m. when Vigil's 2001 black Lexus was traveling nearly 80 mph east on McNabb Road. The road turned to gravel, and the car flipped, landing on Vigil and Ruiz.
Jason Gallegos, Joe Gallegos' cousin, has said Vigil and his passengers were looking for the Estancia home of a friend of Vigil's before the crash.
Golden said Thursday that deputies have spoken with the friend, but would not release his or her identity. Golden said the friend lives a few miles from the crash site and that Vigil was "not really going in the right direction" to the friend's home.
Golden said a comprehensive timeline of where Vigil went and what he did will be released early next week once the investigation is complete.
Not a drinker
Many who knew Vigil have said he did not usually drink alcohol.
"It's surprising to hear," APS board member Miguel Acosta said of the blood-alcohol test. "Drinking was so out of character for him. In the time I've known him and from what I've heard other people say, (Joseph) didn't drink."
Golden said no blood-alcohol test was conducted on Gallegos, who was being held Thursday afternoon at the Metropolitan Detention Center on a warrant for commercial burglary.
Golden said he did not know whether Ruiz's blood was tested at University of New Mexico Hospital, where he has undergone surgery. Ruiz was in serious condition Thursday night, a hospital spokeswoman said.
"Mr. Vigil was listed as the driver as part of the officer's (initial) report," Golden said, "and that's still what we feel. But we want that position verified."
When asked if it was a mistake not testing Gallegos' alcohol level, Golden said, "We did not make any mistakes."
Golden also said it is possible criminal charges will be brought against Gallegos or Ruiz, but he would not elaborate on what the charges might be.
Relatives of Gallegos have said the three were celebrating Vigil's recent promotion to lead superintendent of Albuquerque Public Schools.
Vigil met and became mentor and friend to Joe Gallegos when Vigil was teaching special education at Atrisco Elementary School during the late 1970s. Gallegos was a student there.
Their friendship grew over the last 20 years. Vigil would assist Gallegos, buying him meals and clothes, said Jason Gallegos.
Vigil "just felt more comfortable with Joe (than with others) because they were such good friends," said Jason Gallegos. "Joe was the only one (Vigil) trusted and let his hair down with."
'Accomplishments'
Vigil's father, Ruben Vigil, said he finds it hard to believe that alcohol was found in his son's system.
"I don't think we know everything that happened that night," he said. "People should remember what he did for so many. Maybe they can think of his accomplishments when they think of him."
Acosta said he will not dwell on the fact that tests said Vigil had been drinking.
"This still does not detract from what his life meant to people and from all the accomplishments he had," he said. "I think we have all seen from the last few days a consistent message by family, friends, students, teachers and his co-workers that we all respected him because of the work he did. I know I'll focus on that."
Gov. Bill Richardson on Thursday said he regretted that Vigil was found to be legally drunk but said he plans to keep state flags at half-staff in honor of Vigil and former state Rep. Colin McMillan of Roswell, who died July 24.
"He was an outstanding educator and he was really committed to kids and our education reform," Richardson said of Vigil.
Journal staff writer Barbara Chavez contributed to this report.
Copyright 2003 Albuquerque Journal
Don't forget the twist of lime when your mixing up your proven suicide drink!
Actually 0.087 percent is equal to 2 beers. Driving while talking on a cell phone is probably just as deadly. Was there a cell phone near the driver? 2 beers and a cell phone is really dangerous.
I an not a drinker...
That said...I would prefer a scale for DUI offenses. It would make more sense.
0.08-0.12 - Ticket, find another way home.
0.13-0.15 - Night in the pokey. Serious fine. Suspended license, etc.
0.16 and up - Rodney King treatment.
(Aside -- rounding rules I was taught in chemistry: Round up if the value is greater than 0.085 and down if less than 0.085. What if the value is 0.0X5? I was taught to round up or down depending on whether the preceding diget was odd (round-up) or even (round-down). For example, 0.085 would round to 0.08, 0.075 would also round to 0.08. However, my Excel spreadsheet program always rounds up if the value is 0.0X5. Any math types on here who wish to comment??)
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