Las Cruces Crash Victim Dies At El Paso Hospital
The 51-year-old man who – along with a woman – was struck by a vehicle Monday evening on University Avenue in Las Cruces has died as a result of his injuries.
Police have not released the man’s identity pending notification of next of kin.
The man was pronounced dead shortly after noon on Wednesday at University Medical Center of El Paso. The man and 47-year-old Antonia Silva were struck by a 1996 Geo Metro at around 9:45 p.m. Monday, June 28, as they walked across University Avenue near El Paseo Road . Silva remains hospitalized in El Paso and her condition is improving.
The driver of the vehicle, 26-year-old Nicholas James Tomlin, was arrested and charged with DWI-great bodily injury by vehicle. With the death of one of the victims, additional charges against Tomlin are possible, Las Cruces Police officials said. The case will be reviewed by traffic investigators and the district attorney’s office.
Traffic investigators learned that the two victims were in or near the crosswalk on University Avenue, and were walking southbound against the pedestrian walk signal, when they were struck by Tomlin’s car that was headed west on University Avenue, according to police officials.
Tomlin and his two passengers were not injured during the crash. Both of Tomlin’s passengers have since been interviewed by police and they do not face any charges.
Tomlin was arrested after he failed field sobriety tests. According to police, he refused to take a breathalyzer test so a warrant was acquired for Tomlin to have a blood sample taken for analysis.
Because Tomlin had a prior conviction for DWI traffic officers seized his vehicle under the city’s DWI Forfeiture ordinance. The DWI Forfeiture ordinance, which took affect in February 2005, allows police to seize the driver’s vehicle following a second or subsequent DWI offense.
