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LAS CRUCES - A jury this week will decide whether the Las Cruces Police Department was negligent after a driver - engaged in a high-speed chase in town - struck and killed a pedestrian in 2005.
The estate of Alvin Moore alleges the city is liable for damages after 24-year-old Carlos Preciado Jr. struck and killed the 68-year-old man the morning of July 25, 2005. The trial, before 3rd Judicial District Court Judge Mike Murphy, is projected to last five days.
Preciado is alleged to have stolen his parents' truck, abandoned it near the Home Depot on Telshor Boulevard, then assaulted a 51-year-old Chamberino woman and stole her 2000 Ford Expedition. The ensuing police pursuit, ranging from 90 to 120 miles per hour, lasted 10 more minutes after Preciado allegedly ran a red light and struck Moore.
Moore, who lived at the Bruce Motel at 800 S. Main, was in the crosswalk on the southeast corner of Main Street and El Paseo Road, headed to Denny's restaurant, when he was struck at 7:07 a.m. An LCPD officer in the intersection, who had a public address system, allegedly failed to warn Moore of the chase headed their way.
Part of the New Mexico Safe Pursuit Act, which was instituted in 2004, requires officers engaged in a pursuit to warn uninvolved motorists, pedestrians and bystanders about the chase.
Moore was pronounced dead at the scene.
Preciado, who had been diagnosed with paranoid schizophrenia but had not been taking his medication, has been ruled competent to stand
When Moore was killed, Preciado had just been released from Mesilla Valley Hospital after a five-day evaluation ordered by District Court Judge Jerald A. Valentine, who had ruled Preciado incompetent to stand trial for attacking his mother.
Albuquerque attorney Alex Crecca, representing Moore's estate and his four adult children, declined to comment on the case Saturday. The city, which is being represented by the Holt Babington Mynatt firm, has a policy of not commenting on pending litigation.
Ashley Meeks can be reached at (575) 541-5400
