Woman claims railroad crossing guard malfunctioned

AN ALBUQUERQUE WOMAN IS SHAKEN TO HER CORE AFTER A NEAR MISS WITH THE RAIL RUNNER THIS MORNING...  More »

AN ALBUQUERQUE WOMAN IS SHAKEN TO HER CORE AFTER A NEAR MISS WITH THE RAIL RUNNER THIS MORNING. SHE SAYS THE CROSSING ARM AT MONTANO MALFUNCTIONED AND NEARLY COST HER HER LIFE. BUT RAIL RUNNER OFFICIALS ARE DISPUTING HER CLAIM. SHELTON DODSON HAS BEEN LOOKING INTO THIS... HE'S LIVE IN THE NEWSROOM... SHELTON: WHAT'S CLEAR IS THAT THE CROSSING ARM ON EASTBOUND MONTANO CAME DOWN AND HIT SANDRA OLGUIN'S S-U-V THIS MORNING SECONDS BEFORE THE RAIL RUNNER TRAIN SPED BY. WHAT'S NOT CLEAR IS WHO'S TO BLAME: THE RAILROAD TRACK AT MONTANO IS SOMETHING SANDRA OLGUIN CROSSES EVERYDAY. BUT THIS MORNING SOMETHING HAPPENED HERE THAT SHE HAD NEVER SEEN BEFORE. 'As I was crossing the arm came down and hit my car.' IT CRACKED HER WINDOW AND TORE UP HER LUGGAGE RACK BUT THAT'S NOT WHAT HAS HER SO UPSET TONIGHT. Did you see lights? Did you hear bells? 'No, I didn't hear no bells. I didn't see the lights either.' OLGUIN BELIEVES THE CROSSING BARRIER MALFUNCTIONED -- WITH THE ARM COMING DOWN WITHOUT WARNING. BUT RAIL RUNNER OFFICIALS SAY THAT IS SIMPLY IMPOSSIBLE. 'It's one complete system. The arms come down as the bells are dinging and the lights are flashing. The don't happen separately of each other.' THIS AFTERNOON WE WAITED ON THE RAIL RUNNER TO SEE IF THE ARM WAS WORKING CORRECTLY. AND WE FOUND THAT IN THE AFTERNOON IT WAS. BUT OLGUIN SAYS THERE IS NO DOUBT IN HER MIND IT WAS NOT WORKING CORRECTLY THIS MORNING AND NOW SHE IS RE-THINKING HER REGULAR ROUTE TO WORK. 'I am terrified to go across those tracks again.' OLGUIN SAYS SHE IS NOT SEEKING A LAWSUIT -- JUST SOME ANSWERS. ONES THAT WILL PUT HER MIND AT EASE FOR HER AND HER FAMILY. 'We go through there all the time and something has to be done. DESPITE THE HUGE DIFFERENCE OF OPINIONS THE RAIL RUNNER STAFF HAS BEEN IN CONTACT WITH MS. OLGUIN AND THEY PROMISE TO TAKE AN IN DEPTH LOOK AT HER CLAIM. LIVE IN THE NEWSROOM, SHELTON DODSON, EYEWITNESS NEWS FOUR. HE'S A CLEAN-CUT PHYSICIST WITH A HIGH PROFILE JOB -- AND TONIGHT WE'VE LEARNED A LOT MORE ABOUT SUSPECTED DRUNK DRIVER TROY MAZELY. ERIC KAHNERT CONFRONTED MAZELY OUTSIDE COURT TODAY ... HE JOINS US TO EXPLAIN WHY MAZELY'S WIFE AND KIDS SAY HE SHOULD BE LOCKED UP. ERIC? THIS IS DASH CAM VIDEO OF PHYSICIST TROY MAZELY WEAVING DOWN I-25 SOUTH OF PASEO LAST WEDNESDAY WHILE ON HIS WAY TO WORK. POLICE SAY HE WAS 4 TIMES THE LEGAL LIMIT TO DRIVE. WHILE HE DOESN'T FIT THE MOLD OF MOST DRUNK DRIVERS WE SEE -- HIS FAMILY SAYS HE'S DONE THIS BEFORE. THIS IS 44 YEAR OLD TROY MAZELY TRYING TO AVOID US BY WALKING OUT THE SIDE DOOR OF SANDOVAL COUNTY MAGISTRATE COURT. HE WASN'T HAPPY TO BE CONFRONTED ABOUT THIS DASH CAM VIDEO SHOWING HIM ALL OVER THE ROAD AT 9:30 IN THE MORNING. POLICE SAY HE WAS DRUNK TIMES FOUR ... AND TOLD THEM HE WAS ON HIS WAY TO KIRTLAND AIR FORCE BASE -- WHERE HE'S A PHYSICIST FOR A CONTRACTOR. 'no comment.-1' 6:10 'i know he's driven like that before.-1'NOW SEPARATED FROM MAZELY, HIS WIFE MARIANNE SAYS -- DON'T LET THE CHARMING PHYSICIST WHO MAKES 150K A YEAR FOOL YOU. 4:42 'i started to date him while I was a student at cnm.-3' THAT'S WAS IN 04 ... WHEN MAZELY WAS A PART-TIME CHEMISTRY PROFESSOR. MARIANNE SAYS SHE QUICKLY LEARNED MAZELY HAD A DRINKING PROBLEM. 5:32 'he does beat me, only when he's drunk.-2'MAZELY'S 3 STEP- CHILDREN WITNESSED IT ALL. 12:50 'he'd call us names, and just wasn't very pleasant to be around.-5' MARIANNE SAYS LAST MAY WAS THE LAST STRAW. 5:43 'he threw me across the room, he started yelling he was going to kill me, he threw a coffee cup at me.-6' THAT LED TO A DOMESTIC VIOLENCE CHARGE -- THE REASON HE WAS IN COURT TODAY. MARIANNE WAS HOPING THIS ARREST WOULD BE PROOF MAZELY VIOLATED HIS PROBATION -- BUT THE D-A DIDN'T HAVE ALL THE PAPERWORK. MEANING JUDGE DELILAH MONTANO- BACA -- WHO WOULDN'T LET OUR CAMERA IN THE COURT -- COULDN'T DECIDE IF MAZELY VIOLATED HIS PROBATION. THE D-A IS IN THE PROCESS OF PROVIDING THE JUDGE WITH POLICE REPORTS ON MAZELY'S D-W-I ARREST LAST WEEK. MEANWHILE THE JUDGE TOLD MAZELY HE NEEDS TO CONTINUE ALCOHOL COUNSELING. BACK TO YOU. IT WAS THE FINAL DEBATE BEFORE SUPER TUESDAY FOR THE REPUBLICANS. AND THINGS HEATED UP IN CALIFORNIA TONIGHT: WITH RUDY GUILIANI OUT OF THE RACE, THE FOUR REMAINING REPUBLICAN PRESIDENTIAL CANDIDATES DEBATED THE ECONOMY, THE ENVIRONMENT AND NATIONAL SECURITY... ATTACKING EACH OTHERS CONSERVATIVE CREDENTIALS. Presidential Candidate :13 - :16) 'If you get endorsed by the New York Times you're not a conservative.' Presidential Candidate :17 - :23) 'I was endorsed by your 2 hometown papers who know you best. ' SOME OF THE SHARPEST EXCHANGES CAME OVER THE IRAQ WAR. nats arguing MITT ROMNEY DENIED CHARGES BY JOHN MCCAIN THAT HE FAVORED A TIMETABLE FOR A PHASED WITHDRAWAL OF AMERICAN TROOPS Presidential Candidate :37 - :44) 'I never supported a specific timetable, exit from iraq. And it's offensive to me that anyone would suggest that I have.' Presidential Candidate :45 - :52) 'And the buzzword was timetables, Governor the right answer was no, not what you said.' Presidential Candidate :53 - :57) e to get a chance to swing at a few myself.' ON THE ISSUE polls show MANY AMERICANS CONSIDER THEIR TOP CONCERN...THE ECONOMY? Presidential Candidate 1:02 - 1:06) 'Spending is out of control and I'm tired of borrowing money from China.' Presidential Candidate 1:07 - 1:13) 'America's economic stimulus plan must put money in the hands of people now.' RON PAUL AND MIKE HUCKABEE ALSO TOUTED THEIR CONSERVATIVE RECORDS. Presidential Candidate Presidential Candidate 1:22 - 1:25) 'You keep borrowing from China, can't keep S IN MOREprinting money, you haeto cut some spending. CAUCUSES AND PRIMARIES IN MORE THAN 20 STATES ARE ONLY DAYS AWAY... AS CANDIDATES HOPE TO MOVE CLOSER TO THEIR PARTY'S NOMINATION. CALIFORNIA GOVERNOR ARNOLD SCHWARZENEGGER SAYS HE'LL ENDORSE JOHN MCCAIN TOMORROW. IT'S DOWN TO JUST TWO DEMOCRATS IN THE PRESIDENTIAL RACE. TODAY JOHN EDWARDS ANNOUNCED HE'S DROPPING OUT. HE'S NOT SAYING IF HE WILL ENDORSE HILLARY CLINTON OR BARACK OBAMA. FIRST HE SAYS, HE WANTS TO SIT DOWN AND TALK TO EACH ONE OF THEM. GOVERNOR BILL RICHARDSON'S PHONE HAS BEEN RINGING OFF THE HOOK FROM THE 2 DEMOCRATS STILL LEFT WHO ARE LOOKING FOR AN ENDORSEMENT. THE GOVERNOR SAYS HE HASN'T DECIDED WHETHER TO ENDORSE HILLARY CLINTON OR BARACK OBAMA. RICHARDSON SAYS IN THE END, HE MAY DECIDE NOT TO ENDORSE EITHER ONE. WHEN HE DROPPED OUT OF THE RACE IN JANUARY, HE SAID HE WANTED HIS SUPPORTERS TO MAKE THEIR OWN CHOICES. FORMER PRESIDENT BILL CLINTON WILL BE IN ALBUQUERQUE TOMORROW AFTERNOON AT U-N-M TO CAMPAIGN FOR HILLARY CLINTON. HE'LL BE SPEAKING AT JOHNSON CENTER AT AROUND TWO. SENATOR TED KENNEDY, WHO ENDORSEd BARACK OBAMA EARLIER THIS WEEK, WILL BE IN ALBUQUERQUE CAMPAIGNING TOMORROW AT TEN. HE'LL BE AT THE NATIONAL HISPANIC CULTURAL CENTER. THEN HE'LL HEAD TO SANTA FE. DOORS AT THE SANTA FE COMMUNITY COLLEGE OPEN AT 1- 30. BARAK OBAMA WILL BE IN ALBUQUERQUE IN PERSON ON FRIDAY. HE'LL BE SPEAKING AT THE KIVA AUDITORIUM --DOORS WILL OPEN AT 11-30, AND SENATOR OBAMA WILL START SPEAKING A COUPLE OF HOURS LATER. GOVERNOR BILL RICHARDSON TELLS LAWMAKERS THE CHANGES THEY'VE MADE TO HIS UNIVERSAL HEALTH CARE COVERAGE BILL ARE UNACCEPTABLE. HE SAYS IF THAT VERSION REACHES HIS DESK, HE'LL VETO IT. GONE IS THE REQUIREMENT THAT EVERY NEW MEXICAN MUST HAVE HEALTH INSURANCE COVERAGE. ALSO GONE--- THE MANDATORY CONTRIBUTION FROM EVERY EMPLOYER. DURING HIS 'STATE OF THE STATE'ADDRESS, GOVERNOR RICHARDSON TOLD LAWMAKERS HE WANTED HEALTH COVERAGE TO BE A PRIORITY THIS SESSION THE MAYOR OF RIO RANCHO WANTS TO PUT ON HOLD A PROPOSAL THAT WOULD CHARGE RESIDENTS FOR ROAD IMPROVEMENTS. THE CITY WANTS TO CHARGE HOMEOWNERS 15- THOUSAND DOLLARS EACH TO PAVE ROADS DAMAGED BY FLOODS IN 2006. THE PROPOSAL IS CALLED THE SPECIAL ASSESSMENT DISTRICT, OR 'SAD 7'MAYOR MICHAEL WILLIAMS IS ASKING CITY COUNCILORS TO APPROVE A 60 DAY MORATORIUM SO THEY CAN TALK MORE ABOUT IT. A MAN AND HIS DOG DIE IN A WHAT INVESTIGATORS SAY LOOKS LIKE SUSPICIOUS HOUSE FIRE. IT HAPPENED IN ROSWELL AT ABOUT 8-30 THIS MORNING. FIR FIGHTERS ARE NOT RELEASING THE VICTIM'S NAME... BUT SAY HE WAS IN HIS 20'S. ARSON INVESTIGATORS ARE LOOKING FOR CLUES. SCIENTISTS AT HOLLOMAN AIR FORCE BASE WILL TRY TO BREAK THE WORLD 'LAND SPEED RECORD'TOMORROW. THE UNMANNED ROCKET SLED WILL FLY DOWN A SECTION OF TRACK THAT'S 3 MILES LONG. IT WILL GO SO FAST NO HUMAN COULD SURVIVE THE RIDE. 'over eight times the speed of sound. It's gonna be about 6,500 miles per hour.' HOLLOMAN SAYS THEY'LL PROBABLY TRY TO GO FOR THE RECORD TOMORROW NIGHT.. .AFTER THE WINDS CALM DOWN. A FEDERAL JUDGE THROWS OUT A LAWSUIT AGAINST THE U-S ARMY CORPS OF ENGINEERS FOR LEVEE BREACHES AFTER HURRICANE KATRINA. A WALL ON THE 17TH STREET CANAL GAVE WAY CAUSING MUCH OF THE FLOODING IN NEW ORLEANS WHEN KATRINA HIT IN AUGUST 2005. THE JUDGE SAYS THE ARMY CORPS OF  « Less