Drunk Driver Sentenced For Aggravated DWI Offense

After being accused of driving drunk, hitting two people, one of whom later died, a Las Cruces man is only charged with a DWI offense.

Nicholas Tomlin, 27, was sentenced Tuesday before District Judge Lisa Schultz.

Tomlin escaped being charged with vehicular homicide simply because the State does not have the evidence to prove it, Deputy District Attorney James Dickens said.

Tomlin is now paying for what Dickens called a bad habit, not a man?s death.

“I realized through my actions I’ve caused a lot of problems and really am sincerely kinda wanna just change, you know what I mean, I feel like I’ve been given a second chance,? Tomlin said.

But Judge Schultz reminded Tomlin he has used up all his chances.

“You have now come right up against the wall of mortality,? Schultz said. ?Your future rests in your hands, as does the future of our community and safety. Do not ever drink and drive again.”

Tomlin?s third aggravated DWI offense in a span of six years put the community in danger, Dickens said.

“…Shows a clear pattern of behavior, a choice in his life to consume alcohol over placing anybody else’s health and well being before his addiction,? Dickens said.

Last June, police said Tomlin?s blood alcohol content was twice the legal limit when he struck Antonia Silva, 27, and Randy Alexander, 51, who later died.

But Dickens said the pedestrians stepped into the intersection of University Avenue and El Paseo Road while Tomlin had the green light, thus making it impossible for the state to now prove Tomlin?s drunk driving caused Alexander?s death.

“Even if Mr. Tomlin had been sober it was a great likelihood that he would not have been able to avoid striking the two pedestrians,? Dickens said.

Tomlin?s one-year prison sentence will also be followed by five years of supervised probation.

“He’s not a dumb person,? Defense Attorney Jess Lilley said. ?Obviously when you make mistakes it doesn’t necessarily mean you’re not intelligent or don’t care, it just means you put yourself in a situation to make bad choices; and he realizes that.”

And with a slight wave goodbye to his family inside the courtroom, Tomlin made it clear to Judge Schultz he will spend the next year reflecting on what he did.

?I’m sorry and I submit myself to the mercy of the court,” Tomlin said.