Attorney’s advice to parents on social host ordinance

An attorney is giving advice, after a man accused of allowing underage drinking was arrested in Santa Teresa.

Sunland Park police said 35-year-old Angel Fernando Hernandez held a party for his daughter where alcohol was served. Hernandez is facing five counts of contributing to the delinquency of a minor and four counts of selling or serving alcohol to a minor. All of the charges are fourth-degree felonies.

Following the party, police said a crash took place near Hernandez’s home. The crash seriously injured two Franklin High school students. Police said one of the drivers involved in the crash, 17-year-old Pablo Payan, was allegedly driving drunk. Police said he, along with several other students, had been at the party at Hernandez’s home.

Police said Hernandez was in violation of the city’s host ordinance. ABC-7 looked up the address of where the alleged party took place and it is listed as being in Santa Teresa, which is unincorporated but falls within District 6 of Sunland Park. Police said Hernandez is not only accused of breaking state laws but Sunland Park’s as well.

ABC-7 spoke with defense attorney Daniel Marquez, who has no ties to the case. Marquez said that while the social host ordinance is only a misdemeanor, it’s a way to hold those accountable more quickly at the local level before it is tried at the state level. Marquez warns parents to be aware of the consequences.

“It’s if you’re careless. If you have people at your house that look like they’re 14,15,16 years old and everybody that sees them can tell that they’re underage or certainly not 21, then it’s going to be a very easy case for the state to prove when a jury of your peers comes in and says ‘What were you thinking?'” Marquez said. “‘What were you thinking allowing these young people to be drinking at your house?'”

Each of the nine charges Hernandez is facing carries a sentence of 18 months in prison.

The other driver involved in the crash, 28-year old James Furman, was also arrested. Police said he was also driving drunk.