Jury deliberating fate of former Bliss soldier accused of driving drunk, killing two workers
A jury is deliberating the fate of Jan Michael Nieves Delgado.
Nieves Delgado, a former Fort Bliss soldier, is accused of driving drunk and killing two construction workers on the freeway near UTEP back in 2014. The portion of the highway where the crash happened was closed by TX-DOT.
Earlier Wednesday, the defense and the prosecution made their final cases before the jury.
Prosecutors said Nieves Delgado told police at the scene he took “three shots” at a bar and had to drive because his friend was “too drunk to drive.”
A forensic scientist told jurors last week Nieves Delgado’s blood alcohol content level was .11, .03 over the legal limit.
The defense for the former Fort Bliss soldier argued the construction site was poorly lit. It further argued its client was confused the night of the crash because he could not see the barriers in place to keep drivers off the freeway that night.
The defense also argued the state presented unreliable testimony from witnesses and failed to prove without a reasonable doubt its client was intoxicated.
“This was a tragedy, but it was an accident waiting to happen,” a defense attorney said, asking the jury to return with a “not guilty” verdict.
Prosecutors argued the construction area was well lit with plenty of barriers and signs letting drivers know the freeway was closed. “It was obvious the ramp was closed,” a p rosecutor told the jury.
“Excuse after excuse, witness after witness, (the defense) is trying to distract you,” a prosecutor told the jury.
The victims’ relatives were in tears and asked to be excused from the courtroom during closing arguments.