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Judge To Decide On Evidence In Fatal Car Crash

By: KKTV Email
Updated: Thu 5:21 AM, Oct 18, 2012

A judge will decide whether he will throw out important evidence in a triple-fatal car crash.

Police say the driver had blood-alcohol levels well over the legal limit after the crash.

Gilbert Sanchez, 36, is the suspect in the case.

Authorities say Sanchez was driving over 100 mph through city streets after drinking several alcoholic beverages, before colliding into a vehicle carrying three girls heading home from a church event. The girls, all from Alamosa, were killed; Sanchez's passengers were thrown from his truck and seriously injured.

During a hearing Wednesday, the defense argued that a verbal statement Sanchez made the night of the crash should be thrown out, and that the blood tests he submitted should also be removed as evidence.

The defense claims Sanchez asked for a lawyer at the scene of the crash, so drawing his blood after that is a violation of his Fifth Amendment rights.

Prosecutors argue if an officer has probable cause, like smelling alcohol on a driver's breath, they can in fact take blood draws.

The judge says he'll need more time to make a decision on what to do about the evidence.


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