Police were called to the intersection of University Avenue and El Paseo Road after 47-year-old Antonia Silva and a 51-year-old man, who has yet to be identified, were hit. Both were taken in critical condition to a local hospital and then to University Medical Center of El Paso.

The man was pronounced dead Wednesday. Police said Silva remains hospitalized in El Paso and her condition is improving.

Nichola Tomlin, 26, the driver of a 1996 Chevrolet Geo Metro, was charged with DWI causing great bodily harm. Tomlin's two passengers who left the scene were interviewed by police and do not face any charges, police said.

Traffic investigators have learned the two pedestrians were crossing University Avenue southbound when they were struck by the vehicle that was headed westbound on University Avenue. Investigators said even though Tomlin was intoxicated, the two pedestrians walked into the intersection when they shouldn't have.

"They were walking against the hand signal so they should not have been walking at that time, but we also have a driver who was driving under the influence and obviously that's wrong also," said Trujillo. "Possibly there's fault to be shared."

Tomlin was arrested after he failed field sobriety tests. He refused to take a Breathalyzer test, so a warrant was acquired for Tomlin to have a blood sample taken for analysis.

Police told KFOX Tomlin had a prior conviction for DWI, and traffic officers seized his vehicle under the city’s DWI Forfeiture ordinance.

The DWI Forfeiture ordinance, which took effect in February 2005, allows police to seize the driver’s vehicle following a second or subsequent DWI offense.

Because of the death of one of the victims, Tomlin faces additional charges, police said.

Sign Up For Breaking News E-Mail News Alerts