Passenger in fatal DWI crash faces similar charges

Posted at: 10/02/2009 6:14 PM | Updated at: 10/12/2009 9:01 AM
By: Jeremy Jojola, Eyewitness News 4; Charlie Pabst, KOB.com


Alfred Lovato
With the Carlos Fierro verdict in, prosecutors will now shift their focus to the other man in the car that night: Former State Police Officer Alfred Lovato.

Even though he was a passenger in the car, he's facing the same major charge Fierro has been found guilty of— vehicular homicide.

The special prosecutor handling Lovato's case is working on what's called a "parties to crime" theory.

Essentially, the argument is Lovato should face the same charges, because he encouraged the drinking and driving, did nothing to prevent it, and played a contributing role in the events that led to the death of William Tenorio.

Lovato's attorney, Sam Bregman, says Friday's verdict will have no effect on Lovato's case.

He says he still doubts the special prosecutor has a case against his client.

Bregman said, "They can't not point to one piece of evidence that he encouraged any drinking and driving, that he aided and abetted drinking and driving, that he did anything. That accident as tragic as it was, was in no way Alfred Lovato's fault."

A hearing for Lovato's case is scheduled for Wednesday.

According to the court record, Carlos Fierro has been ordered to appear in court again next week to possibly testify in Lovato's case.

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