Driver’s BAC level nearly twice legal limit night he allegedly killed El Paso nurse
Lorenzo Anchondo, the man accused of driving drunk and crashing into a stop sign that struck and killed 33-year-old Xiaoyan Shi, had a blood alcohol content of .17, nearly twice the legal limit, prosecutors argued Tuesday.
Anchondo’s trial is underway in the 41st District Court at the county courthouse.
The trial’s second day focused on a Chevrolet Avalanche recall on the model Anchondo drove, issues with his blood sample and the extent of the injuries Shi suffered.
El Paso County Chief Medical Examiner Dr. Mario Rascon performed the autopsy on Shi.
Prosecution attorney Chanel Rizik showed two graphic photos of Shi post-mortem. Dr. Rascon explained what the courtroom was seeing: “A gaping wound on the right side of the forehead. It exposes multiple fractures of the skull … brain matter evacuation.”
Dr. Rascon said the injuries proved Shi died on impact, stating the cause of death as “blunt force injury of the head.”
Because the March 1, 2017, incident resulted in a death, the Texas Department of Public Safety officials deemed the case high-priority.
Marissa Silva Gomez , the Midland DPS Lab manager, processed the blood samples. According to her testimony, the El Paso DPS lab asked the Midland lab to take over the blood samples because the processing machine was broken in El Paso.
Defense Attorney Brian Livingston questioned Silva Gomez about the refrigeration of the blood sample, and how it would affect results, citing an investigation into claims the El Paso Lab falsified results.
Gomez explained the high-tech process used to test vapors for alcohol content in both Shi’s and Anchondo’s blood samples.
Reports were submitted as evidence showing that Shi had a 0.06 percent blood alcohol content level, and Anchondo’s was more than double the 0.08 legal limit at 0.17 percent.
The courtroom focused on the 2002 Chevrolet Avalanche Anchondo was driving. Defense remarked that particular model had a recall issued August 29, 2005.
Prosecution presented recall information showing the jury it pertained to around 20 states, Washington D.C., so-called “salt states.”
The prosecution noted neither New Mexico, where Anchondo was a resident and registered his vehicle, nor Texas were listed on the recall.