The Associated Press
SANTA FE (AP) -- An off-duty FBI agent was driving on the wrong side of N.M. 503 last month when his motorcycle collided head-on with an oncoming car, according to an initial accident report released Friday by state police.
The Oct. 18 accident near Rio Chiquito killed agent Phil Hines, 45, and his wife, Gail.
The report concluded Hines crossed the center line after an initial investigation showed the couple may have been distracted near a sharp curve looking at some trees near the roadway. It also indicated the other driver was not legally drunk.
An FBI spokesman initially said the driver of the car, 52-year-old Jesse Cordova, was drunk and may have hit the couple. Cordova had failed field sobriety tests.
However, breath tests taken at the scene showed Cordova had a .02 blood-alcohol level and blood tests recently returned by a state laboratory showed Cordova’s level at .04. Both are below the state’s legal limit of .08.
Cordova admitted drinking one and a half beers several hours before the accident, according to the initial accident report filed by state police officer Paul Lopez.
Prosecutors could still charge Cordova with being impaired while driving because he admitted drinking before he drove, State police Lt. Robert San Roman said.
State police have not yet made a final determination on the cause of the accident. Investigators continue to work on an in-depth accident-reconstruction report.
Phil Hines worked for the FBI since 1989 and had been at the agency’s Albuquerque office for six years. He investigated white-collar crime and fugitive cases.