Truck driver charged with vehicular homicide

By Jim Tiffin
Cibola County Bureau

GRANTS — A truck driver, who allegedly caused a fatal accident on Interstate 40 in November near Grants, was indicted by the 13th judicial district grand jury on one count of homicide by vehicle, great bodily harm by vehicle (driving while under the influence), aggravated driving under the influence and driving on roadways laned for traffic.

Allen Odey, 53, of 36 West 768 Wild Road, St. Charles, Ill., was driving on Interstate 40 about 12:30 a.m., Nov. 7, when he struck an eastbound Fed Ex truck near Exit 89, east of Grants, according to Cibola County Magistrate Court records.

New Mexico State Police Officer Dusty Francisco responded to heavy smoke and fire at the scene and on his arrival found two drivers in the FedEx truck, one in the sleeper berth of the truck’s cab and appeared to be crushed to death by the accident, according to court records. At the scene of the accident, Francisco noticed the smell of alcohol on Odey’s breath, court records state.

The driver of the FedEx truck and Odey were both transported to Cibola General Hospital for treatment, court records state.

At the hospital Francisco questioned Odey about where he was traveling to, how long he had been on the road and whether he had taken any medication or had any alcohol to drink, according to court records.

Odey at first told the officer he had taken no medication, had no alcohol to drink, and was traveling to California to bury his father. He stated he last remembered passing through Albuquerque and remembered reaching over to grab a burrito that was in the passenger seat,” court records stated.

He also said he was driving 68 mph and had just finished chemo-radiation therapy for cancer about a year ago, but was medication free, court records state.

At the hospital Francisco reported in his probable cause statement that Odey’s eyes were bloodshot and watery and asked Odey to blow air towards him through his mouth. Odey blew air, but away from the officer, court records state.

The officer asked Odey to blow air through his mouth again, this time toward the officer, and Francisco noticed the smell of alcohol on Odey’s breath a second time. At this time Odey admitted that he had a couple of beers,” court records state.

“Mr. Odey stated he began drinking 12 oz. bottles of Corona prior to the collision. Mr. Odey stated his last drink was about 1-2 hours prior to the collision,” court records state.

When Odey was released from the hospital he was booked into Cibola County Detention Center where he was booked on $150,000 unsecured appearance bond, then released on his own recognizance in the custody of an Edward O’Day, according to court records. Odey was ordered by the court to obtain alcohol and or drug counseling.

Odey is due to be arraigned, where he will plead to the charges on Jan. 14, 2008.

District Attorney Lemuel Martinez said he imagines there is a lot of substance abuse on the highways by truck drivers, trying to stay awake and stay alert.

“A lot more may happen than we see,” he said.

If prosecuted and convicted of all charges, Martinez said Odey could face up to 12 years in state prison.

“Prosecuting DWIs are an important part of this office and especially so when there is a death involved,” Martinez said.

“We will try to get the maximum amount of (jail) time on this case, but you can’t bring the victim back to life,” he said.

To contact reporter Jim Tiffin call (505) 287-2197 or e-mail: jtiffin.independent@yahoo.com.