A judge in New Mexico dismissed charges against a man who was a passenger in the vehicle that struck and killed William Tenorio of San Felipe Pueblo.

The New Mexico Court of Appeals recently ruled that passengers, can be charged with the same crimes as the driver in certain cases. But the decision wasn't issued until six months after the November 26, 2008, incident in which Tenorio died.

So Lovato, a former state police officer, couldn't have known that he might have faced criminal charges for getting in the car, the judge ruled. The judge said Lovato's constitutional rights would be violated by being prosecuted on the charges.

Carlos Fierro, the driver of the car, pleaded guilty to vehicular homicide charge. He was sentenced to seven years but could get out in three.

The court of appeals ruling is being reviewed by the New Mexico Supreme Court.

Get the Story:
Charges dropped against passenger in fatal DWI (The Santa Fe New Mexican 4/6)
Lovato Cleared in Santa Fe Hit-Run (The Albuquerque Journal 4/6)

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