Background: In 2016 the Legislature increased the basic sentence for homicide by vehicle while under the influence (DWI) from six to 15 years. Unfortunately, they neglected to amend the Earned Meritorious Reduction Act (EMRA) which determines whether this crime is a “non-violent offense” entitled to a 50% good time credit or a “serious violent offense” entitled to only a 15% reduction. The New Mexico Supreme Court ruled that district court judges must classify this offense as non-violent and made it clear that only the Legislature can fix this oversight.
Unfortunately, this also means that defendants like Sergio Almanza, who was convicted for killing 7-year-old Pronoy Bhattacharya at the River of Lights in 2021, will serve substantially less time behind bars. At sentencing, the court found that this crime was chilling, horrific and violent, but after today’s Supreme Court Opinion, the District Court judge has no choice but to consider Almanza’s crime to be a non-violent offense. Consequently, Almanza’s sentence will be reduced by five years.
Statement: “Sergio Almanza was intoxicated and driving more than 50 miles per hour when he hit Pronoy and fled the scene,” said Attorney General Raúl Torrez. “Anyone who witnessed that crime and the carnage it caused would know that this was a crime of violence, but now, because of the Legislature’s failure to properly categorize the offense, Almanza will have five years cut from his final sentence. This is unacceptable and I urge the Legislature to honor Pronoy’s memory and fix this law at the next legislative session.”
You can find the letter from Judge Brett Loveless regarding the Almanza sentence here, and the Supreme Court decision here.
