By Vic Vela
Albuquerque Journal
TAOS COUNTY, NM — An off-duty Taos County Sheriff’s deputy behind the wheel of a pickup truck struck and killed a bicyclist in Questa late Friday while trying to pass the car in front of him, according to police there.
The deputy, Jose Miera, 30, was not arrested and has not been charged with any violations, said Questa police Chief Frank Gallegos.
Gallegos said it does not appear that alcohol played a factor in the crash. But it remains to be seen whether speed or other factors contributed, the chief said.
“The reconstruction of the accident will tell us a lot more,” Gallegos said.
Killed in the collision was a 27-year-old Questa man, who died at the scene, near N.M. 522’s mile marker 19, according to the chief. Though his next of kin has been notified, police were withholding the victim’s, name pending an official identification from the state Office of the Medical Investigator.
At about 11:30 p.m. Friday, Miera was driving a Ford F-350 Super Cab north on the highway when, as he was entering Questa, he tried to pass a sedan that was traveling in front of him, according to Gallegos.
Pedalling a BMX bicycle in the opposite direction, in the southbound lane, was the 27-year-old Questa man. The female driver of the sedan told police that she noticed Miera’s truck starting to pass her and “the next thing she heard was the sound of the accident,” Gallegos said.
It’s legal to pass on that stretch of highway, where the speed limit is 45 mph. Gallegos said the investigation will try to determine whether Miera ever saw the victim. The bicyclist was not wearing anything to make himself visible on the roadway, and it was particularly dark, with overcast skies that had been producing rain, when the accident took place, according to the chief.
Shortly after police arrived at the scene, Miera was given a roadside sobriety test, with the results showing no signs of intoxication, Gallegos said. The off-duty deputy was not given a breath test, nor was a blood sample taken.
“Alcohol was not a factor,” he said. Taos C ou nt y Sher i f f Miguel Romero said Miera, who has been with the department for about four years, was on vacation at the time of the accident and will remain so through the week. In the meantime, Romero said he will review the copy of the police report before addressing any possible changes of Miera’s status at the sheriff’s office.
Copyright 2010 Albuquerque Journal