Jury convicts Nava of manslaughter in vehicular death of bicyclist

April 16, 2014 Update: An El Paso jury found Araceli Nava guilty of manslaughter in the 2009 death of bicyclist Gustavo Vega.

Nava had been facing a charge of intoxicated manslaughter or the lesser charge of manslaughter.

The jury began deliberations Tuesday afternoon and decided their verdict a little after noon Wednesday.

Nava had been out on bond but had it was revoked right after the verdict was read.

Nava will spend Wednesday night in jail and be at 346th district court early Thursday morning for the sentencing phase of the trial. She could be sentenced anywhere from two to 20 years in state prison.

Vega’s family left the courtroom immediately after the verdict was read, a few were crying. They declined to comment on the verdict.

ABC-7 asked one of Nava’s defense attornies, Dolph Quijano, why she hadnt been found guilty of intoxicated manslaughter and he stated it as simple as possible –
Nava will be sentenced on Thursday at 815am in 346th district court with Judge Angie Barill presiding.

Read previous stories and updates below from bottom to top.

Afternoon April 15, 2014 Update: On day two of the Araceli Nava trial, the prosecution began the day by calling El Paso Sheriff’s Office Deputy JR Hernandez to the witness stand to explain how he administered a breathalyzer test to Nava.

Hernandez told jurors he basically dealt with the operation of the machine rather than the scientific theory behind the machine itself. When asked by the defense if he could not explain the difference in the two readings Nava gave on the breathalyzer. One was .0999 and the other was .101

The prosecution then called Martha Mendoza to the witness stand. She is a technical supervisor and police toxicologist.

She supervises the men and women who conduct and operate the breathalyzer machines and she also tests the machines monthly to make sure they are up to standard.

For more than an hour, Mendoza explained how the machines work and how the human body absorbs alcohol.

She told jurors absorption of alcohol depends on the type of alcohol and how quickly it is ingested into the body and then went on to explain alcohol is a depressant that will cause sleepiness, adding an intoxicated person is more likely to lose control of a vehicle and lose awareness of their surroundings, which Nava was accused of doing by the prosecutors.

Mendoza told jurors she couldn’t them what Nava’s blood alcohol was at the time she was driving and the defense pounced on this, adding her information was made up of educated guesses. Mendoza was then asked why Nava’s urine or blood were not tested and why wasn’t she given an opportunity to be tested as her own expense.

She told them it was old technology but very accurate and works well.
The defense stated many variables could render the test inoperable and that its not perfect 100 percent of the time

When the trial resumed after a break, both the prosecution and defense rested their cases and Judge Angie Juarez Barill then called for closing arguments to begin.

The prosecution named the charges against Nava – COUNT 1 INTOXICATED MANSLAUGHTER OR THE ALTERNATIVE COUNT 2 MANSLAUGHTER.

The prosecution brought forth all the evidence they say proved Nava was intoxicated, it included the 911 tape and the crushed and battered remains of George Vega’s bicycle.

They said it was undisputed that Nava operated a motor vehicle in a public place, but how did they know she was intoxicated?

The breath test with readings of .099 and .101, loss of her mental faculties as see on the crime scene videotape, and loss of her physical faculties when she failed her field sobriety test.

Prosecutors cited more clues like the accident itself, strong odor of alcohol, she was very talkative – citing the 911 tape and crime scene videotape, adding she got lost a few miles from home.

They then said she had admitted to having six shots and two beers at the party , failed the field sobriety test, the eye test, the horizontal gaze test and finally the one legged standing test.

The defense then gave their closing arguments stating .08 is an arbitrary number saying the state relies on a non human machine to determine if you are drunk adding they are are relying on a guess and we can’t convict on a guess.

They then said the prosecution had to prove intoxication was the sole cause of George Vega’s death which they hadn’t.’

They then questioned Nava’s U-turns stating just because she admitted making U turns doesn’t mean she was drunk.

Defense attorney Dolph Quijano then went on toe say the prosecution needed to prove beyone a reasonable doubt she was drunk but didn’t saying the prosecution didn’t know who she found the kickback party or what speed she was travelling at.
Adding the prosecution accused Nava of being drunk because she was too chatty when she was in fact being cooperative, had she not said anything they would have accused her of hiding something.

Quijano then asked jurors if she sounded drunk in the videotape and reminded jurors the deputy who took the video even stated “she doesnt sound or look drunk” in the tape.

The defense attorney then said “they need to prove intoxication caused the death, she is only guilty of manslaughter”

Prosecutor Curtis Cox closed his arguements by stating “You know what you’ve seen. The law doesnt require you to leave your brain at the door, you know the meaning of what you’ve seen and heard. There is abundant evidence of intoxication, your mind and heart will tell you what to believe.

The judge told jurors to begin deliberations after lunch.

Morning April 15, 2014 Story: An El Paso woman is on trial for the death of a bicyclist in 2009.

Araceli Nava, 29, is charged with intoxicated manslaughter after she allegedly struck and killed Gustavo Vega on the 15100 block of North Loop in Clint, Texas.

Vega, an avid bicyclist, died at the scene.

Records show that Nava admitted to have been drinking earlier in the morning at a party, allegedly after she got out of work.

The trial started in the 346th District Court Monday with Judge Angie Juarez Barril presiding over the trial.

Opening arguments started with the audio of Araceli Nava’s 911 call made moments after she allegedly struck Vega.

Jurors heard Vega tell dispatchers she didn’t know where she was located.

“On a loop of some sort,” Nava told a 911 operator in the audio recording.

Prosecutors called a witness to the stand who was working in an irrigation ditch the day of the wreck.

The witness, who only spoke Spanish, told a translator he saw a cloud of smoke coming from Nava’s green SUV. Moments later, he saw Nava reverse about 100 feet and try to help Vega who was on the ground.

The witness said he did not know Vega had been hit by the vehicle. He added Nava seemed nervous, but she was the only one to try and render aid.

Next on the witness stand, prosecutors called Juana Monsivais, a communication coordinator with the City of Horizon. She was asked to describe the call.

Nava’s defense attorney, Dolph Quijano objected and said the recording speaks for itself.

Monsivais said she had to ask Nava about three times where she was located.

“A lot of people don’t know where they are when they call,” said Monsivais.

Monsivais said she tried to give Nava directions on how to check for a pulse, but Nava repeated “he was cold, he was dead”.

Cindy Williams, now a paramedic with Life Ambulance was an ambulance attendant at the time, and one of the first to arrive at the scene.

Williams said she found Nava arguing with someone over the phone and yelled, “let me talk to my kids, I am about to go to jail”.

Williams described Vega’s condition when she arrived. She said he was pulseless, his heart was not beating and he wasn’t breathing.

“He was dead, I left him alone, the Sheriff’s deputy took over the body,” Williams told jurors.

Williams told the courtroom what Vega told her at the scene.

“She (Nava) told us she had been at work, decided to go to a kickback.”

“She (Nava) told us she had been drinking, couple of shots and some beers,” said Williams.

A deputy and crime scene investigator also took the stand and described what they saw at the scene of the crash.

Shortly after, prosecutors presented photos of the wreck that showed Gustavo Vega’s shattered bicycle. Some family members lowered their heads as the crime scene investigator said Vega’s socks and shoes were thrown off his feet by the impact.

Day two of the trial resumes Tuesday morning.