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Posted: 4:34 p.m. Tuesday, Oct. 2, 2012
By Martina Valverde
Once again, the courtroom was packed with family of friends Idaly Reyes and Kim Araujo.
On the stand this morning, prosecutors called Gilbert Pippen, who testified he is a registered nurse at Las Palmas and has been an RN for almost 30 years. Pippen said the night of the crash, paramedics took Miguel Vargas into the hospital. He testified that at about 3:15 a.m., less than an hour after the 2:23 a.m. crash, he took a blood sample from Vargas to determine his blood alcohol level.
Next to testify was Karen Ramos, a paramedic and firefighter with the El Paso Fire Department.
Ramos said the night of the crash, her unit was called out, but said several units were being called for various reasons at the intersection of North Mesa Street and Executive Center Boulevard intersection including fire, explosion and MVA (motor vehicle accident).
Ramos said she was the first paramedic on the scene so it was her job to call out more necessary ambulances. She said they were aware there were two people DOS (dead on scene). Ramos said she asked that both Stacy Reyes and Nefi Armendariz be taken to University Medical Center because they were in critical condition. She said an El Paso police officer came up to her and told her they had another patient (Miguel Vargas). Ramos testified she was surprised that Vargas was still walking and wasn't critical. She said Vargas was complaining of shoulder pain and it was obviously dislocated. She said he smelled of alcohol.
Next on the stand was Jesus Aranda, Ramos' partner the night of the crash and also a paramedic. He said went down the embankment and started caring for Stacy Reyes. He said in their conversation she told him she was soon going to graduate from high school and that the group had been out partying. Aranda said Stacy told him she wasn't wearing a seat belt and was thrown. Aranda testified she had several injuries and dirt and debris was in those wounds.
The state then called El Paso Police Officer Marcos Torres, who said he has been with the Special Traffic Investigations Unit for several years. Torres was named an expert in the case in accident reconstruction and determining speed. Torres said he arrived to the scene a little after 3 a.m. He said he first took a video camera and began interviewing witnesses. Torres said he then started walking the scene and began taking measurements. Torres walked the jury through his process through a diagram. He said at one point the car was on its side. He said through all their calculations, Vargas was going 90 mph.
Torres then testified that Kim Araujo's body was found 75 feet from the accident. He said in his professional opinion, Araujo flew out through the sun roof. He said somehow her right arm was severed, but couldn't say for certain how.
Torres then broke down the speed a car could go to negotiate the curve at Mesa and Executive. He said a car could make it going 97 mph. He said in his professional opinion if Vargas was sober he could have negotiated the curve without trouble at the speed he was going.
Torres said the car appeared to be tumbling while airborne.
After a short break, the jury was shown video Torres took at the scene, which shows the tire tracks that lead onto the curve. It shows the damage to a rock wall and the car below covered in plastic. It also shows the bumper of the car in the median.
Officer Andres Rodriguez, who is part of the DWI Task Force for EPPD, took the stand next. He said he happened to pass by the accident and stopped to offer help.
He said at that point a sergeant on the scene was asking for a DWI unit so he told him he was already there.
Rodriguez said he spoke to Vargas in the ambulance and then followed it to the hospital. He said there were obvious signs Vargas was intoxicated. He said he took a blood sample, stayed to record an interview between another officer and Vargas and then took the blood sample to police headquarters.
The officer who interviews Vargas was next on the stand, Officer David Perea. The taped interview wasn't shown in court because it was in Spanish. Instead, Perea read the transcript.
"Were you involved in the accident?" Perea said he asked Vargas.
"Yes. I was the driver," he said Vargas answered.
Perea said Vargas then told him he had eight drinks at Marco Polo.
"In total?" Perea said he asked Vargas.
"More or less," he said Vargas answered.
"The car went out of control," Perea said Vargas told him.
Throughout the transcript Perea asked several questions.
Vargas in that questioning said the car fishtailed when he was going 80 mph. He said the car lost control, but only hit the curb, nothing else. He said he tried to pull Idaly Reyes out of the car and was able to.
Perea later testified that Idaly's body was found half in the car, half out and was burned.
Perea testified during cross examination, Vargas asked about his friends. Perea said he was very honest and told him two had died, two others were in the hospital.
After a lunch break, Nefi Armendariz took the stand. Armendariz is a survivor of the crash and is now in a wheelchair. He was wearing a hat to cover up burns to his scalp he got in the crash.
Nefi said on the afternoon of Dec. 27, 2011, he was at his sister's house dog-sitting. He said about 2 p.m. Vargas. Vargas' dad and another man came over. He said they were drinking beer, watching TV, and playing video games. He said about 8 p.m. Vargas invited him out to Cincinnati.
Nefi said they went to the store and bought more beer before eventually going back to his sister's house so he could shower. Nefi said they then went to the store to fuel up and buy more beer. He estimated between the group they had 50 beers. He said they then went to pick up Idaly, Stacy and Kim. He said they then went to a house that belonged to Vargas' friend. Nefi said by that point he was "pretty drunk."
Nefi said they then went to another corner store to buy more beer. Nefi said after that he doesn't remember anything. He said his next memory is waking up in Lubbock. He was sent there because of the burns he got during the crash.
Nefi said just last week he had surgery on his hands. He estimates he has had 40 surgeries including skin grafts. He said his family now lives in Lubbock, Texas, so he can continue treatment. He estimates 35 percent of his body was burned. He said he is also learning to walk again.
Nefi kept looking at Vargas, but he would only look down.
The state then showed the jury Vargas' blood alcohol level. It was determined to be .25 percent, about three times more than the legal limit.
One note, a real quick witness before Nefi was Jesus Garcia, a mechanic with the city. He said there was no evidence on Vargas' car that would show there was brake failure.
After a break, Dr. Juan Contin was on the stand. He is contracted by the county as the Medical Examiner. Of course, as we have been reporting that is while the search continues for a permanent.
Back to the testimony, warning some of it may be too graphic. Contin testified Idaly's body was completely charred. He said her head exploded killing her instantly. He said she was dead before she burned.
Contin said Kim's face was collapsed. He said her arm was completely severed and the impact of the crash caused her heart to detach from her spine killing her instantly.
Pictures of both women prior to the autopsy were shown to the jury. Family and friends in the gallery began crying. Kim's husband stayed outside of the courtroom for the entire testimony.
Next to testify was Martha Araujo, Kim Araujo's mother, who said the last time she saw her daughter was Christmas Day 2011.
Araujo was asked to look at the autopsy photo of Kim and identify her. Araujo said she didn't look at the photo and would only say her daughter had a rose tattoo on her foot.
The state rested their case at that point.
The defense then called Brenda Judith Turruviate Villalobos, who said she is Vargas' cousin. She said the evening of the crash Vargas and Nefi went to her house to pick her up. She said they didn't drink there at all.
When prosecutors asked her how she got into Marco Polo since she is underage, the judge said "We don't need to get into that."
The trial continues tomorrow.
I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.
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