A Durango man suspected of mowing down two pedestrians while driving drunk in downtown Durango gave contradictory statements to police when questioned about damage to his car.
Cruz Baca, 38, at first denied having any damage to his 2001 gold Toyota Tundra, but when police showed him the front-end damage, he said it predated the evening in question, said Sgt. Devin Conroy, with the Durango Police Department.
Five police officers took the witness stand Tuesday during a motions hearing in District Court. Baca’s defense lawyer, Katie Whitney, filed several motions seeking to suppress evidence, including statements Baca made to police.
District Judge William Herringer denied most of the motions Wednesday. He reserved ruling on one motion seeking to suppress statements Baca made during an interview at the police station until after viewing the video, but Baca apparently signed a waiver of his Miranda rights prior to speaking with police.
The crash occurred at 2:11 a.m. Oct. 16 near East Second Avenue and College Drive.
Darby Hamer and Alan “Damon” Balfour were crossing College Drive, from north to south, when a Toyota Tacoma traveling west about 40 mph hit both pedestrians, according to witnesses.
The driver did not hit the brakes prior to impact, and he kept driving west on College Drive, turning right on Main Avenue.
A witness obtained a vehicle description and partial license plate number, which dispatchers used to identify Baca’s truck as a possible match.
When police went to his house at 1208 Avenida del Sol, they matched the broken headlight pieces found at the crash scene with the front-end damage to Baca’s truck, according to testimony.
They also found a smeared hand print on the hood of the truck, a mirror that was pushed in, and dust had been removed from the area of damage, as if it had been wiped clean.
Police banged on Baca’s front door for several minutes before he answered.
He appeared intoxicated, with blood-shot eyes, slurred speech and an odor of alcohol on his breath, according to several officers who took the witness stand Tuesday.
Baca’s son, who was 18 at the time, told police he arrived home about 10 p.m., before his father, and his father never allows him to drive the truck.
Baca told police he drank three Pinstripe beers earlier that night at Eighth Avenue Tavern. He denied hitting pedestrians on the way home.
Hamer suffered a fractured pelvis and a gash to her forehead that required 10 stitches. Balfour suffered road rash to his back and a knee injury.
In a previous interview with The Durango Herald, Hamer said she was on her way to catch an Uber when the pickup ran her over in the crosswalk.
“I went up over the hood,” she said. “I just remember crawling out of the street and wiggling my toes and making sure I wasn’t dead.”
Baca has been charged with vehicular assault, drunken driving, leaving the scene of an accident and reckless driving, among other charges.
shane@durangoherald.com
