Lovato to face homicide charge

decides there's enough evidence for a former state cop to stand trial for vehicular homicide--- e...  More »

decides there's enough evidence for a former state cop to stand trial for vehicular homicide--- even though he wasn't the one driving. alfred lovato was in the passenger seat the night carlos fierro hit and killed a man outside of a santa fe bar while driving drunk. today our gadi schwartz was in the courtroom as lovato's lawyer asked that the case be thrown out. judge micheal vigil- was not too minute thumbnail 05:00 pm impressed with the prosecution's case against alfred lovato- but in the end- he says there is just barley enough evidence- to send lovato to trial ... a quick glimpse at lovato making a quick call- from inside a police car after carlos fierro was pulled over was the only new big piece of evidence brought forward today... a few witnesses later ... the lead investigator takes some heat from lovato's lawyer. so if a husband and wife went out together according to your theory and had a couple of drinks with dinner- then they are and some one is found drunk and killed then they are accessory in your theory is that right ... can be yes. sam bregman argued that lovato wasn't behind the wheel- the night of the crash that killed william tenorio- and shouldn't face charges of vehicular homicide. i know how bad dwi is in this state it is a terrible horrific problem that we have but no way do they get to swing the pendulum all the way over that they can just charge passengers for being passengers- there is no evidence of encouragement there is minute thumbnail 05:01 pm no evidence of saying lets go get drunk. but the prosecution says lovato had 4 chances to stop carlos fierro from driving drunk. first from rio chama to allsups, allsups to willies willies to allsups to the crash so ere are 4 separate occasions that lovato got in the car. the judge says that might be enough to bind lovato over for trial- but probably not enough to get a conviction. i don't know how your going to survive a directed verdict if this goes to trial unless there is some evidence that this court has not heard- you barely make probable cause. during today's hearing the judge brought up the possibility of waiting for the supreme court to make a decision on a similar case. but bregman says they can't wait any longer to clear lovatos name- and will be pushing for a trial as soon as possible. but so far nothing has been minute thumbnail 05:02 pm scheduled. alfred lovato is currently out on bond ... as he awaits trial. carlos fierro was sentenced last week to seven years in prison ... six years for vehicular homicide, and one year for leaving the scene of an accident  « Less