Correction Below:
ALBUQUERQUE, N.M. (KRQE) – Sergio Almanza, the man convicted of driving drunk and killing a seven-year-old boy outside of the River of Lights could get out of prison five years sooner than they had hoped after a recent New Mexico Supreme Court ruling. In 2016, the legislature increased the basic sentence for homicide by vehicle DWI. They did not amend the part of the law that allows inmates to earn credit for time served which states DWI homicide is a non-violent crime.
Appeals court will not rule on Hannah Gutierrez’s appeal until 1st Judicial Court ruling
The New Mexico Department of Justice was trying to get Almanza’s vehicular homicide charge classified as a serious violent offense so he would have to serve at least 85% of his sentence before being eligible for parole. The state Supreme Court ruling issued on Thursday which stated that the charge must be classified as non-violent prevents that. That means Almanza can be released on good time after serving 50% of his sentence on that charge.
“So there is a huge discrepancy in the idea that you can injure somebody causing great bodily harm by DWI and have to serve as an 85 percent for serious violent offense and conversely you can kill somebody in a DWI and it would only be a non-SVO and would earn 50 percent credit, good time credit while in custody,” said Director of Special Prosecutions John Duran.
The NMDOJ said the ruling could affect other cases. They are urging the legislature to consider changing the law.
Correction: In a previous version of this story, KRQE News 13 reported that Sergio Almanza’s sentence included a serious, violent offense on one of his charges. That is incorrect and was not part of his sentencing.