A judge denied a motion for mistrial for the man accused of killing William Tenorio of San Felipe Pueblo in New Mexico.

Judge Michael Vigil said prosecutors did not engage in misconduct by hiring a jury consultant or by using the National Crime Information Center database to look up information about potential jurors to determine whether any had been arrested for drunken driving. Defense attorneys for Carlos Fierro, 36, had complained about both tactics.

Fierro is on trial for vehicular homicide and causing a fatal accident. Prosecutors say he struck and killed Tenorio, who was 46, after a night of heavy drinking in Santa Fe.

Fierro does not deny driving drunk but says he didn't know he hit Tenorio. The defense Tenorio, who was at the same bar, contributed to his death because he was drinking too.

Despite failing field sobriety tests and admitting to driving drunk, Fierro has kept his driver's license amid a dispute between state officials.

Get the Story:
Judge rejects motion to dismiss case against Fierro (The Santa Fe New Mexican 9/24)
Background checks of jurors routine (The Santa Fe New Mexican 9/24)
Official: Police should have had licenses of Fierro, Owens revoked (The Santa Fe New Mexican 9/24)
'I Think I Was Pretty Conscious' (The Albuquerque Journal 9/24)
Fierro, Owens Got To Keep Licenses (The Albuquerque Journal 9/24)

Related Stories:
Defense seeks mistrial over Pueblo man's death (9/23)
Defense says Pueblo man contributed to death (9/22)
Attorney heads to trial over Pueblo man's death (9/21)
Driver to take stand over Pueblo man's death (9/10)
Judge delays trial into Pueblo man's death (08/14)
Delay sought in trial for Pueblo man's death (8/13)
Not guilty plea for DUI death of Pueblo man (6/16)
Passenger charged for DUI death of Pueblo man (6/4)
Judge rejects venue change for Pueblo man's death (5/19)
Venue change opposed for DUI death of Pueblo man (4/21)
Bar, bartender cited over DUI death of Pueblo man (4/9)
Driver in Pueblo man's death wants trial moved (4/3)
Former Police Officer: 'We killed' Pueblo man (3/3)
Driver to stand trial for DUI death of Pueblo man (2/26)
Hearing for driver accused of killing Pueblo man (2/24)
Driver in Pueblo man's death free and working in DC (2/13)
Driver in death of Pueblo man failed alcohol test (12/10)
Driver in Pueblo man's death had prior DWI arrest (12/4)
More details in drunk driving death of Pueblo man (12/3)
Attorney posts bond for DUI death of Pueblo man (12/2)
Pueblo man killed in drunk driving accident (12/1)