[Music]
ah
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what do you mean head on i have no
[ __ ] clue what's going on like
that car was coming towards you
if i could tell you i would man it just
what do you remember him i i i'm just
trying to come home
and so you're going so you're going
southbound
obviously right yes okay yes and then
that's it that's all remember the lights
you remember anything
no
[Music]
no alcohol or anything excuse me i'm
sorry consuming the alcohol or anything
to me
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yes sir
give me a second dude hold on one second
you said you're going towards santa fe
did medical speak to you yet no nobody's
spoken to me man here's my id
you have it yeah here's my my whole
wallet
that's a good phone number for you right
here right here amanda you're good
you're good right here you're good
you're good
you're okay
oh [ __ ]
whoa sorry what's up bro i
i gotta deal with all that hold on no i
know can you just follow my finger real
quick bro no
okay not my not my legs on my hands i'm
anything hold on
i'm not trying to do that give me a [ __ ]
i'm sorry i'm shaking like a
[ __ ] not good this is torn
this is complete okay i understand
you're a cop right bro yeah so you get
what i'm what i'm oh
exactly i know exactly what you're
trying for okay i'm just trying to rule
you out so i can be
on to the next person okay is that cool
uh
try your best but all i need to do is
follow my favorite just a second
i'm sorry i'm too sorry two seconds dude
i'm so sorry
do you want to lean against this car
right here so you're not on your feet
no let me just let me just catch my legs
dude
son of a [ __ ] dude that [ __ ] was
head-on
that's all i [ __ ] know this is all i
know
all right can you just track my finger
real quick oh [ __ ]
yeah okay great all right real quick
dude
good luck
shaking like a [ __ ]
so you can't recall anything at all that
happened oh i
i i
wish i [ __ ] could
you haven't had anything to drink this
evening yeah oh yeah what did you have
to drink
i had a beer today okay i had two beers
actually i'm sorry
okay what time was your last drink
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we had to guess had to take a guess
about what time
was your last drink
seven o'clock seven yes sir all right
and what did you have
just like okay looks like this we're
involved in the accident
that's me nobody else just doing the
truck yeah
all right so here's the girl brother and
you know where i'm coming from okay
i do smile i'll call on you uh obviously
there's something else going on over
out here would you be willing to do some
tests for me just like to make sure that
you're not talking
whatever you need to do all right i'm
gonna have you come lean on the front of
this car
because obviously you said your legs are
good right yeah all right
so lord put your feet together for me
and just lean against the car right
there okay
can we make sure that guy's okay yeah
we're gonna do that next
all right but they're still trying to
get him out of the car all right
can you see my finger yep you have been
diagnosed with the natural nystagmus
no okay
brakes are coming in bro you're good
just pull them up over one time one time
just trying to keep your head straight
okay yeah nice remember these tests
yeah of course all right just keep your
head straight return your head all right
just keep the head straight
right here on top of my face
all the way over as far as you can look
at it you're looking over here brother
that's that's just follow me
just follow my finger
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you're gonna take my head with you well
keep following it
what's going on bro you want to keep
doing these or no
yeah of course i do of course let's keep
going i got hit head-on
let's keep doing i'm here you know huh
you were by yourself no yeah oh okay
yeah i was yes
absolutely
just keep an eye on him real quick he's
got
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just keep an
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can you just give me a brief summary of
kind of like what you're seeing what
happened
before we were coming right now it was
like nobody was here it was just these
two honestly
i don't think anybody saw the accident
happen okay but i almost
hit the truck in front because i didn't
see it when i was driving i just stopped
so that
that's whenever i stopped over here did
he have lights on huh
did he have lights on okay
and he hit the truck that's there
[Music]
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hello can i help you sir yeah he
called me i just looked up okay well you
can't be i'm his brother
okay i understand that but you can't be
on the scene right now okay
you have to go back to your vehicle
where's your vehicle at way
over there they told me i could come
over here and check on them
okay so you see where the metal stand is
let's see where the white truck is
you can stand over there for me okay by
the way my sergeant is uh bartok
sergeant bartok but you can't be on the
scene right now
thank you
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that's my brother
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uh
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while i fall
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alright
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to the hospital
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okay you guys involved at all
well no that's my brother he called me i
just live right here okay
where are you guys parked at uh i'm on
the other side way down that way
way down that way yeah one of the one of
the other sheriffs told me to come over
here and just
see what was going on okay so he's going
to be getting transported to the
hospital is he going to unm unmh
okay he's breathing yeah he's up and
he's up and running because he was the
driver of this truck right yeah
yeah so he was up and going if you guys
could do me a favor and i know someone
just told you to come on down
but you guys want to go back to your
truck and hang out man just so we can
get this all squared away okay okay
all right is that other person all right
i hope i think so i don't know
well i don't think so he's breathing
right now
yeah all right oh yeah if you guys want
to head back to your car for me
apparently he's a he's a 34 from cuba
40 more yeah apparently he's at 34 for
cuba
oh this truck
uh possibly there's an open container in
there
so he's a 34 cuba yeah that's why he
told a hammer
heads up on that
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sounds like there may be two people in
there suppose there's only one
okay we're not really sure
[Music]
so hammer's going with him and then i'll
meet him down there in a minute
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we have learned the man in civilian
clothes flashing his badge as felix
nunez
he is the chief of police for jemez
springs police department which
currently has eight sworn police
officers
the fact that this chief was able to
enter an active scene where multiple
deaths had occurred and then demand
answers from investigating officers is
mind-boggling
nunez's son is the accused drunk driver
being taken away in the ambulance
chief nunez was summoned to the crash
scene in albuquerque by his son
um yes he has 1080s in there
okay we're covered we can or is this
going to be a 45
uh fatal we don't know yet okay they're
still trying to get this guy out
did you hop over or what we don't know
yet we just got here this is
crazy yeah okay um
he called he said he can't get on his
chest was hurting himself so they're
taking them in
okay you got one unit with them yeah
okay
all right guys uh where where are you at
were you following him or did he call
you
no he just he called us okay i was at
home
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all right yeah we'll we'll secure
everything once we once we get the
vehicle flipped over and we can actually
get in there
all right you guys are okay you should
have uh
this person might have his yeah he has
two maybe two guns in there he has a 380
and nine okay cool
okay we'll we'll do our best to find
them all right i'm gonna try to call
back over and i'm just gonna hit you in
a minute
perfect tyler yeah yeah all right
uh yes sir all right
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very good
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all right i just want to recap with bren
so what time did you start about
drinking you said you ended at seven you
told me on scene oh yeah it was probably
like
6 45 it was one beer man okay yeah
where was that [ __ ]
in albuquerque somewhere
uh honestly i think there's like
bernalillo honestly
you're in bernalillo yeah at the time
okay
so you were heading into santa fe you
said
yeah back towards bernalillo back
towards my over there okay so where
so you were in albuquerque then or all
the time yeah okay you were in
albuquerque all right
absolutely and you're heading to santa
fe no towards back towards bernalillo
back towards bernalillo yeah
okay and you had one beer what time did
you guys start drinking
for the draft or what i don't even pay
attention to the draft i don't even
[ __ ] know how that works
all right what time did you about start
drinking your beer
maybe about three three yeah okay so
you started at three and you finished it
at 6 45
for three hours and 45 minutes honestly
i only had
uh two drinks two drinks yeah
okay i had to get my daughter from
school so it was
nothing legitimate okay all right
obviously
you smacked your head pretty good i take
it [ __ ] my [ __ ] up okay
can i finish the horizontal gaze
nystagmus test on you uh
i don't think it'll be legitimate but
you could try do you want me to
accept me doing it or do you not want to
consent to it
let's finish this medical piece and then
we can do it after we're good from there
they're already done for now until they
finish up getting your testing and all
that so we have a minute to do it
let me come back to and i think we'll be
okay all right what's your name so let
me
what's your name it's deputy hammerl
hammer yeah so here's what i'm gonna do
okay
right now i have reason to believe that
you're under the influence of
intoxicating liquor and a drug okay
there's an open container in the vehicle
you were actually driving
possibly the wrong way on the freeway
yeah
yes sir and also there's the uh
the you have red blood shot watered eyes
strong odor of alcohol
when i started the test you have
significant lacquer smooth pursuit in
your eyes which you know what that is
of course yeah you have also distinct
and sustained nystagmus at maximum
deviation in both eyes until we had to
stop for the medical people okay exactly
exactly
all right so i'm gonna have to do this
i'm gonna go ahead and apply for a
search warrant for your blood okay
once i do that and the judge approves it
you know how that process works from
there okay
if you get if you get a search warrant
you gotta do what you gotta do man all
right brother
just hang in there they're gonna keep
working on you okay
okay brandon roy ball barber
the driver of the pickup over there okay
so you have the right to remain silent
anything you say cannon will be used
against you in a court of law you have
the right to talk to a lawyer and have a
present with you while you are being
questioned if you cannot afford to hire
a lawyer
one will be appointed to refer represent
you before any questioning if you wish
do you understand each of these rights
i've read to you
yes sir okay having these rights in mind
do you have you mind answering some
questions
you don't want to answer questions at
the moment
okay and that's all that's all we got
um inside here