Judge gives Sanostee man minimum sentence for brother’s death in DWI crash

  • Tavis Washburn will spend just under six years in prison for killing his brother and injuring his 2-year-old son in the crash
  • The binding plea deal mandated a sentence of 6 to 10 years and without it, Washburn faced a minimum mandatory sentence of 10 years
  • He had a blood-alcohol level of 0.258 when he crashed, over three times the legal limit, while driving 79-85 mph
  • A judge sent Washburn back to jail, prior to sentencing, after he began drinking excessively at a halfway house

Read the full case write-up here

SANTA FE, N.M. — Tavis Washburn will spend just under six years in prison after a federal District Court judge sentenced him to the minimum allowed under a plea deal for killing his brother in drunk driving crash.

District Court Judge Martha Vazquez sentenced Washburn, 27, on March 13, 2020, to 71 months in prison, just under six years.

According to court documents, the crash killed Orlando Wadsworth, 37, of Sanostee, severely injured Washburn’s 2-year-old son and injured a third man, only identified as A.J., driving the truck Washburn hit, on Feb. 15, 2018. Wadsworth had to be extricated from the passenger seat of the red Kia Washburn was driving. Although he was flown to a hospital, he died from his injuries. Washburn had a blood-alcohol level of 0.258 after the crash.

Washburn previously pleaded guilty in front of Magistrate Judge Kirtan Khalsa on July 12, 2019, who deferred final acceptance of the plea until sentencing in front of Vazquez, during a 27-minute hearing, according to minutes from the plea hearing.

Federal Bureau of Investigations Agent Kalon Fancher charged Washburn 10 months after the crash, on Oct. 24, 2018. On Nov. 13, 2018, federal Magistrate Judge Jerry Ritter ordered Washburn released on pretrial release at a halfway house in Albuquerque. Washburn was later arrested sometime after Dec. 2, 2019, after he was found, twice, to have been heavily drinking.

Federal prosecutor Allison Jaros did not request a specific sentence, other than within the range of six to 10 years allowed under the plea deal, while Washburn’s attorney, Alejandro Fernandez, asked for the minimum in a sentencing memorandum dated Oct. 21, 2019.

According to the sentencing minute sheet, Washburn addressed the court, as did the “Victim’s representative.” The entire hearing lasted one hour and two minutes. Neither the minutes nor the judgement state why Vazquez sentenced Washburn to the minimum allowed under the binding plea deal, or why she accepted the binding plea deal.

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Dennis Lovato sentenced to 12 years for killing man on the Kewa Pueblo

The summary of the case

ALBUQUERQUE, N.M. — On Oct. 24, 2013, Dennis Lovato pleaded guilty to second-degree murder for beating Joseph Melvin Lucero to death outside Lucero’s home.

Historic Kewa/Santo Domingo Indian Trading Post. Photo by Killbox/Flickr. CC BY-NC

In the binding plea, proffered by federal prosecutor Mark Baker and accepted by Federal Magistrate Judge Steven Yarbrough, Lovato received a 12-year sentence followed by five years of supervised release.

In his sentencing memorandum, Lovato’s attorney, John Moon Samore asked the judge to accept the plea and described the victim as a 61-year-old alcoholic bent on hurting Lovato.

“The Pre-Sentence Report fairly describes Mr. Lovato’s promising childhood, his disconcerting slide into youthful alcohol abuse, and his presence in the hours leading up to the fatal confrontation in the company of two middle-aged, severe alcoholics with long criminal histories,” Samore wrote.  “Whatever the precipitating factor, Mr. Lovato wound up in a ‘fight for his life’ with yet another middle-aged alcoholic, who was bent on hurting Mr. Lovato. Mr. Lucero’s extensive criminal history and violent past is fairly summarized in the PSR and Addendum. Mr. Lovato eventually overwhelmed Mr. Lucero, and the evidence indicated he administered more blows than necessary to defend himself.”

Baker wrote his own sentencing memorandum, asking the judge to accept the plea.

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