Alamogordo Police Officer Michael V. Dias, 36, pleaded not guilt to charges of aggravated DWI Wednesday.
Dias was allegedly traveling northbound at about 8:30 a.m. Tuesday, Feb. 5, when he lost control of his APD marked vehicle in a hydroplaning incident on Cuba Avenue.
The Daily News previously reported the accident occurred on the 800 block of Cuba Avenue based on information distributed by the City of Alamogordo in the form of a press release.
However, court documents and witness Melissa Woodall of Alamogordo saidthat the wreckoccurred on the 200 block of Cuba Avenue.
"I had just dropped my son off at Pre-K," Woodall said. "I was actually behind him and he was trying to pass the car in front of him and all of a sudden he tried to go around the car in front of him and then he went almost like he was going to block him off, like he trying to stop them. But then he just started spinning and almost did a full 360, like a 240 (degree turn)... and he ended up on the curb in that person's yard and he was backing out and... he was pulling out the speed limit sign, the 30 mile per hour one, with his bumper. As he was backing out, he pulled it all the way out."
The police unit eventually came to a stop, then fled the scene.
"I was pretty scared out of my mind," Woodall said.
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.17 blood alcohol level
According to court documents,Dias lost control of the patrol unit, jumped the curb and struck a speed limit sign, backed off the pole and "left the scene without making any type of notice."
The vehicle was found in the Alamogordo City Hall parking lot where the arresting officer, Sgt. Scott Winrow, observed damageto the driver side front headlight, driver sidetire, right rear and right rear quarter panel, "which matched the type of damage which would have occurred after striking a pole," court documents state.
Winrow found Dias in a training class at City Hall; he wasin uniform with his duty firearm in its holster on his side, court documents state.
Winrow allegedly spoke with another officer who witnessedDias exit his police unit and begin to walk towards City Hall"where he was having a hard time maintaining his balance," court documents state.
Winrow's report said he "observed his (Dias) eyes to be watery and bloodshot and had a strong odor of an alcoholic beverage emitting from his breath and person."
Winrow said Dias admitted to losing control of his vehicle but deniedhe struck anything," court documents state.
Dias alleged he had not had alcohol "since going on to duty or training," court documents state, but said he had consumed alcohol the night before.
Two breath analyses' on the Intoxilyzer 8000 show Dias' blood alcohol content at .17 both times. The legal limit in New Mexico is .08.
Winrow confirmedDais had not reported the crashto any law enforcement agency, court documents state.
Dias was also charged with negligent use of a deadly weapon, for being in possession of a weapon during a DWI offense.
Dias also faces a petty misdemeanor charge for failure to give notice of an accident.
He appeared in a video arraignment beforeAlamogordo Magistrate Judge Steve M. Guthrie, andis being held on $1,000 unsecured bond.
Should he be convicted, the DWI charges carry potential penalties of up to 90 days in jail and a $500 to $1,000 fine; negligent use of a deadly weapon carries potential penalties of up to 182 days in jail and a maximum of $500 fine; and failure to provide immediate notice of the crash carries potential penalties of up to 90 days in jail and a maximum $300 fine.
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Continuing investigation
"This is such a shock," Dias' father Vincent Dias said.
Dias served his country for 15 years as a law enforcement officer, Vincent Dias said.
He believes there's more to the story of why his son was intoxicated while on the job.
"I'm confident in the department's integrity. I'm confident in their professionalism and their impartiality and for those reasons, I don't have any issues with us conducting this investigation," APD Chief Brian Peete said.
"Also, because it was something that we had suspicions... it would have been more conducive to us to have one (internal investigation) rather than turning it over to someone else."
TheAPD continues to investigate the incident. Dias was placed on administrative leave.
A pre-trial hearing is scheduled for March 12.
Nicole Maxwell can be reached at nmaxwell@alamogordonews.com or 575-415-6605. Follow her on Facebook at Nicole Juliana Maxwell or on Twitter @nicmaxreporter.
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