Prosecution, defense rest in intoxicated manslaughter trial of former Bliss soldier

The prosecution and defense rested their cases in the intoxication manslaughter trial of Jan Michael Nieves Delgado.

The former Fort Bliss soldier is accused of driving drunk, crashing into a construction site on I-10, and killing two workers.

Nieves Delgado’s blood alcohol content level was .11, according to a forensic scientist who testified in court last week. That figure is .03 over the legal limit. The soldier allegedly told police officers he “had three shots” at a bar before being forced to drive because his friend was “too drunk.”

The defense has argued the soldier was confused and did not see the traffic barriers in place at the construction site.

Tuesday, jurors in the 168th District Court at the El Paso County Courthouse heard from the defense’s final two witnesses.

Justin Wilks and Todd Gladden were contractors involved in the Spur 1966 project where that crash happened back in 2014.

Defense attorney Daniel Marquez questioned Gladden about a police officer stationed that night on the Schuster underpass near the UTEP campus.

Gladden said that just before the crash, around 2:30 in the morning, he drove up with Wilks to the officer’s unit, and that the officer was unresponsive. “He was wearing sunglasses,” Gladden said on the stand Tuesday. “I thought it was odd because I don’t wear sunglasses at night.”

On cross-examination, prosecutor Amanda Enriquez argued the officer was very responsive and was part of the initial reaction when the crash was reported just a few minutes later.

Closing arguments are scheduled for Wednesday morning. The case will then be handed to the jury for deliberation. Nieves Delgado could spend the next 40 years in prison if convicted.