Garcia pleads guilty in deaths of Kidmans

By JOHN MARBLE, Monitor Staff Writer

David L. Garcia accepted a plea agreement and pleaded guilty to two counts of vehicular homicide, driving while intoxicated (DWI), for the deaths of Russell and Mary Kidman of Los Alamos.

Garcia, 54, 425-A Riverside Drive SE, Espanola, accepted the agreement at his pretrial May 31 at the 13th Judicial District Court in Bernalillo.

Mary Dougherty, assistant district attorney for Sandoval County, said GarciaÕs guilty plea included enhancements for five previous DWI convictions. She said he could be sentenced anywhere from a mandatory six months in jail to 22 years in prison.

Dougherty said that because Garcia pleaded guilty to the vehicular homicide charges, the state will not pursue charges of aggravated DWI; driving on a suspended license; having an open container of alcohol in a moving vehicle; failure to maintain his lane of traffic; and having no insurance.

Garcia will be sentenced at 1:30 p.m. June 26 at the Sandoval County District Courthouse, 100 Montoya Road, in Bernalillio. Dougherty said she expected the KidmansÕ family, friends, and supporters to attend the sentencing.

The Kidmans died as a result of a head-on collision that occurred Sept. 17, 1999. Witnesses said they saw GarciaÕs 1991 Acura cross the center line as he was northbound on N.M. 4 near the Valle Grande. The Kidmans and two passengers were southbound in a 1999 Toyota.

Russell Kidman, 58, was flown by helicopter to the University of New Mexico Medical Center in Albuquerque and died on arrival. Mary Kidman, 54, died Oct. 31 after being kept alive on a ventilator.

Garcia was taken to Los Alamos Medical Center and eventually admitted to St. Joseph Rehabilitation Hospital in Albuquerque. He was later released without bond to third party custody of his daughter, Linda Garcia Lucero.

The SheriffÕs Report said "At the scene of the accident (the investigating officer) detected the strong odor of intoxicating liquor on (Garcia). A blood sample was taken from Garcia at LAMC to determine his blood alcohol content.

Court records show that Garcia pleaded not guilty to all charges at his arraignment on Dec. 22. The state said that Garcia was alleged to have five prior DWI convictions.

Los Alamos Magistrate Court records show that in 1990, Garcia was found guilty of driving under the influence of intoxicating liquor or drugs and other charges.