Mansoor Karimi asks for new sentence after 8 years imposed in remote hearing

Mansoor Karimi is asking for a sentence reconsideration after District Judge Mary Marlowe-Sommer gave him eight years
A jury found him guilty of two counts of vehicular homicide by reckless driving
• The reconsideration comes after he was sentenced by video conference
• Karimi’s attorney argued the First Judicial District Attorney’s Office offered disparate pleas for similar charges

Read the case write-up

SANTA FE, N.M. — After receiving eight years in prison for the deaths of two men following a reckless driving crash, Mansoor Karimi‘s attorney is asking for less prison time because he was sentenced over video and prosecutors have offered more lenient pleas and sentences for “worse driving behavior than committed by the Defendant.”

Mansoor Karimi

On Feb. 18, 2020, a jury found Mansoor Karimi, 42, guilty on two counts of vehicular homicide by reckless driving for the deaths of Ian Sweatt, 33, and Christopher Bryant, 30, after he T-boned their car on Dec. 16, 2016, according to jury verdict slips.

On July 17, 2020, District Judge Mary Marlowe-Sommer sentenced Karimi to eight years in prison and suspended an additional four years, of a possible 12-year sentence, which he will spend on supervised probation, according to a judgement and sentence.

According to Phaedra Haywoood of the Santa Fe New Mexican, Marlowe-Sommer told Karimi, before she sentenced him, he was driving too fast, “blew through a stop sign” and that the crash was avoidable.

She sentenced Karimi to four years for the death of Sweatt and four years for the death of Bryant. He received credit for five months time served.

Karimi’s attorney, Tom Clark, filed a motion to reconsider the sentence on Aug. 18, 2020. He wrote that Karimi should have been sentenced in person, as his sentence could have been so high because the video feed affected Marlowe-Sommer’s ability to “fully assess” his remorsefulness

“That the absence of any degree of humanity, in a proceeding done entirely by video and audio, affects the ability of the Court to impose a sentence consistence with a just and fair sentence,” Clark wrote.

Clark previously asked the case be moved to the July date so Karimi could be sentenced in person. Marlowe-Sommer continued it to then. She noted that it was anticipated that in-court hearings could be held by then.

On July 7, Marlowe-Sommer designated the sentencing hearing as being held remotely, citing Supreme Court Order 20-8500-025, which requires all hearing, except for jury trials, be done remotely, unless the judge finds a “compelling need” to physically appear.

“There is nothing that cannot be communicated through audio-video connection by Defendant and counsel, and by audio-video or telephonic connection by the victims or any other persons,” she wrote. “The particular circumstances of this case fail to demonstrate a compelling need for an in person sentencing hearing.”

Clark wrote in his motion that he believed Karimi’s due process rights were violated by the “impersonal, constraining, and awkward presentation of his sentencing argument by video.”

“Defendant asserts that this potentially is a reason that contributed to the sentence in this case which exceeded the seven (7) year sentence requested by the State,” Clark wrote.

Clark wrote in his motion that Mansoor also deserved to have his sentence reconsidered because prosecutors with the First Judicial District Attorney’s Office treated Mansoor differently than the defendant in a similar case.

“Additionally, a few weeks after Mr. Karimi was sentenced, the State, by and through a different Assistant District Attorney presented this Court with a plea to a misdemeanor sentence in a case involving vehicular homicide by reckless driving, alleging worse driving behavior than was committed by the Defendant while Mr. (Kent) Wahlquist requested less than the maximum sentence, no such pre-trial resolution was ever offered to Mr. Karimi,” Clark wrote.

Judge's portrait
District Judge Mary Marlowe-Sommer

Clark appears to be referring to the case of Ryan Palma, charged with vehicular homicide and leaving the scene of an accident for the death of a 20-year-old motorcyclist. A grand jury indicted Palma on charges of vehicular homicide by reckless driving, knowingly leaving the scene of an accident causing death, tampering with evidence and failure to give immediate notice of accidents.

Haywood reported on Palma’s case and that Marlowe-Sommer rejected a plea deal, July 31, 2020, where Palma would plead no contest to knowingly leaving the scene of an accident and have all the other charges dropped.

Haywood wrote that prosecutor Julie Gallardo said her office was offering Palma a plea of no contest to knowingly leaving the scene of the accident and all the other charges would be dismissed. The proposed plea deal for Palma does not appear in court records and it is not clear if the offer was for the misdemeanor form of leaving the scene of an accident or the felony form.

Clark wrote in Karimi’s case that his client was only offered a plea with no agreement as to sentence. He went on to write:

“It is at best, an arbitrary and unfair charging decision against an individual without a valid explanation. Such non-uniform plea policies, varying drastically from one prosecutor to the next, are inherently unfair, and raise troubling questions about the charging decision in case;

While the Court rejected the plea, it certainly appears that justice, by way of plea policies, has less to do with the facts of any particular case and more to do with the individual prosecutor, or the individual charged. It is not about the facts of the case.”

No new hearing has been set in the case.

Continue reading “Mansoor Karimi asks for new sentence after 8 years imposed in remote hearing”

Kasey Weaver asks for a sentence reduction in DWI homicide

Kasey Weaver killed boyfriend Kit Francis II in a drunk car crash in 2017
• She wants the judge to reconsider her sentence because of her record and good behavior

See the case write-up

SANTA FE, N.M. — Kasey Weaver asked the judge who sentenced her to eight years in prison, followed by five years of supervised probation, to rethink that sentence.

Kasey Weaver

In a hand-written motion on May 14, 2020, Weaver, 27, of Albuquerque, noted she has no prior convictions and, since being sent to prison, has not received any discipline.

“Further, I have been enrolled in multiple programs starting with Matrix in Santa Fe County Jail, Sober Living shortly after my transfer to Springer Womens Facility, and most recently with the completion of the Residential Drug Abuse Treatment Program on the 27th of March, 2020,” Weaver wrote.

Attached to the motion are a series of certificates noting the programs she completed.

No hearings have been set and no other entries appear on the court docket.

Weaver and her boyfriend, Kit Francis II, 24, were driving from Santa Fe to Albuquerque after drinking at Meow Wolf on April 16, 2017 when Weaver crashed into a car after she tried to stop at a red light at Cerrillos Road, before the exit to the I-25 interstate.

She was arrested initially for DUI great bodily harm. Francis, who was not wearing a seat belt, was ejected from the car and died later at an Albuquerque hospital.

A jury found her guilty of DUI vehicular homicide on Nov. 16, 2018. On April 19, 2019,  District Judge Mary Marlowe Sommer sentenced Weaver to eight years in prison followed by five years of supervised probation. Weaver faced a maximum sentence of 15 years.

According to the Albuquerque Journal, many of Francis’s family members attended the sentencing hearing, including the mother of Francis’ 6-year-old daughter, who spoke of her daughter’s struggles with her father’s death.

Most of Francis’ relatives asked for the maximum sentence, 15 years, while Kit Francis Sr. asked for her to “do enough time so that she gets it and understands,” according to the Albuquerque Journal.

See the case documents on Google Drive or Document Cloud

Continue reading “Kasey Weaver asks for a sentence reduction in DWI homicide”

Sentencing for double vehicular homicide in Santa Fe reset to July

• A jury found Mansoor Karimi guilty for vehicular homicide by reckless driving for the deaths of two men
• He faces a maximum sentence of 12 years

Read the case write-up

SANTA FE, N.M. — The sentencing hearing for a Santa Fe man found guilty of killing two men in a reckless driving crash has been set for July 17, 2020, after the courts reopen for in-person hearings.

Mansoor Karimi

On Feb. 18, 2020, a jury found Mansoor Karimi, 42, guilty on two counts of vehicular homicide by reckless driving for the deaths of Ian Sweatt, 33, and Christopher Bryant, 30, after he T-boned their car on Dec. 16, 2016, according to jury verdict slips.

According to Phaedra Haywoood of the Santa Fe New Mexican, it took the jurors less than two hours to render a verdict following the five-day trial. Another charge, of failure to render aid, was thrown out following a directed verdict.

Karimi blew through a stop sign, at the intersection of Camino Carlos Rey and Plaza Verde, at 60 to 70 mph. The speed limit was 25 mph, according to court documents.

Following the verdict, District Judge Mary Marlowe Sommer ordered Karimi be remanded into custody pending sentencing and to undergo a 60-day evaluation to determine a sentence. He faces a maximum sentence of 12 years.

Sentencing had initially been set for May 13, 2020, but Karimi’s attorney, Tom Clark, requested it be set for a day when in-person court hearings were allowed again.

“To conduct this sentencing by video and/or audio limits counsel’s ability to effectively advocate on the Defendant’s behalf,” Clark wrote.

Jury trials in the state are set to resume, on a case-by-case basis, between June 15 and July 15.

In an order dated May 18, Marlowe Sommer set the sentencing hearing for 11 a.m., July 17 in Santa Fe.

“The Court anticipates that appropriate precautionary measures to safely conduct jury trials and in-person evidentiary hearings will be in place on or about July 15, 2020,” she wrote.

Lawsuit

On April 22, 2019, Sweatt’s family filed a wrongful death lawsuit (D-101-CV-2019-01095) against Karimi and General Motors, which manufactured the Chevy Cobalt that Bryant was driving. That lawsuit is covered in this story.

To learn more about this case, please read the case write-up.

Continue reading “Sentencing for double vehicular homicide in Santa Fe reset to July”

Santa Fe man sentenced to 12 years for fatal DWI crash

Editor’s Note: This story published late, eight months after sentencing, because court records were not previously available.

Read the case write up

SANTA FE, N.M. — Paulo Vega-Mendoza will spend 12 years in prison for crashing into motorcyclist Paul Padilla and killing him, in 2017.

Paulo Vega-Mendoza

District Court Judge T. Glenn Ellington sentenced Vega-Mendoza, 25, of Santa Fe, to 12 years followed by three years of supervised probation on Sept. 27, 2019. He had previously pleaded guilty to a single count of DWI vehicular homicide on April 29, 2019, under a plea signed by prosecutor Blake Nichols.

Ellington gave Vega-Mendoza credit for 792 days served, just over two years, for time spent in jail and on electronic monitoring prior sentencing.

Vega-Mendoza ran into the back of Padilla’s motorcycle, April 15, 2017, on Airport Road in Santa Fe. He fled from the scene and then crashed his own car, a Dodge Neon. It landed on its hood.

Witnesses, and then officers, allegedly chased Vega-Mendoza on foot before he tried to climb and fence and it broke, throwing him backward.

Padilla, 63,  died from extensive brain injuries on April 25, 2017.

For more details, please see the summary of the case.

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Continue reading “Santa Fe man sentenced to 12 years for fatal DWI crash”

Civil lawsuit filed in double vehicular homicide case

See the full case here

SANTA FE, N.M. — On April 22, 2019, Ian Sweatt’s family filed a wrongful death lawsuit (D-101-CV-2019-01095) against General Motors, which manufactured the Chevy Cobalt that Bryant was driving, and Mansoor Karimi, who allegedly crashed into his vehicle, killing him and Christopher Bryant, 30.

Mansoor Karimi

According to the amended lawsuit complaint, Sweatt, 33, and Bryant were both wearing seat belts but were still killed by the crash because the Cobalt “violated several crashworthiness principles and thereby failed to protect them.”

“The injuries complained of herein occurred because the vehicle in question was not reasonably crashworthy and, thereby, created an unreasonable risk of injury and harm,” attorney Justin Kaufman wrote in the complaint.

He listed a series of problems with the Cobalt, including that the seat belts did not prevent “adequate protection to far sided occupants,” that it failed to prevent “rollout” from the far side, the car’s side structure was “weak and inferior” and the “survival space” in the car was destroyed.

Continue reading “Civil lawsuit filed in double vehicular homicide case”

Kasey Weaver: Kit Francis II — 4-16-2017

Suspect: Kasey Weaver

Victim: Kit Francis II, 24

Charges: DWI Vehicular Homicide

Status: Guilty of DWI vehicular homicide (jury trial)

Sentence: 8 years followed by 5 years supervised probation

Date of incident:  April 16, 2017

Agency: Santa Fe Police Department

Location: Cerrillos Road’s I-25 entrance/exit

Magistrate case number: M-49-FR-2017-00439

District case number: D-101-CR-201700480

Sentencing judge: Mary Marlowe Sommer

Judicial District: First Judicial District

Prosecutor: Blake Nichols

Prosecuting Agency: First Judicial District Attorney’s Office

 

Summary

At 8:25 p.m., April 16, 2017, Kasey Weaver, of Albuquerque, crashed into a car after she tried to stop at a red light. Her boyfriend, Kit Francis II, who was the only passenger in the car, received extensive injuries and later died as a result. A Santa Fe Police Department officer alleged Weaver was intoxicated, on an antihistamine and alcohol, when she crashed.

On June 15, 2017, a Santa Fe grand jury indicted her on a single charge of DUI vehicular homicide.

A jury found her guilty of DUI vehicular homicide on Nov. 16, 2018 and Chief District Court Judge Mary Marlowe Sommer sentenced her to eight years in prison on April 10, 2019.

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The incident

On April 16, 2017, Kasey Weaver, of Albuquerque and her boyfriend, Kit Francis II, 24, had allegedly been drinking and were headed back to Albuquerque, after drinking at Meow Wolf in Santa Fe, when Weaver crashed into a car, around 8:25 p.m., after she tried to stop at a red light at Cerrillos Road, before the exit to the I-25 interstate.

Kasey Weaver

Francis was transported to the hospital, but he had sever injuries. A few days later, he died from those injuries.

Officer Heinz A. de Luca was called to investigate the crash and Sgt. Anthony Tapia told him that Weaver was the driver. She was being attended to by medics with the Santa Fe Fire Department, de Luca wrote in a statement of probable cause for Weaver’s arrest.

Tapia alleged he could smell alcohol coming from Weaver’s breath.

After Weaver was helped onto a gurney in one of the ambulances on the scene, de Luca followed behind. He did not write if he read her a Miranda warning.

“I asked Ms. Weaver what had occurred and she explained that she was traveling on Cerrillos Road and headed to I-25 Southbound en route to her residence in Albuquerque,” de Luca wrote. “Ms. Weaver added that as she approached the intersection, she noted that the traffic control light was red, attempted to stop and collided with the other vehicle.”

De Luca noted that Weaver’s eyes were allegedly bloodshot, her speech was slurred and he could smell alcohol coming from her breath.

Weaver allegedly said she had three to four drinks during the entire day and was coming from Meow Wolf.

While she was in the gurney, her neck immobilized, he administered two field sobriety tests, which appeared to indicate her alleged intoxication.

“I asked Ms. Weaver if she had consumed any other substances aside from alcoholic beverages,” de Luca wrote. “Ms. Weaver stated that at about noon that day, she had taken a pill of a drug she described as ‘hydroxyzine’  for the treatment of anxiety. I asked Ms. Weaver how many more she took and Ms. Weaver admitted taking a second pill sometime in the afternoon, and that she did not remember when.”

Hydroxyzine is an antihistamine that is also used to treat anxiety as it also acts as a sedative, depressing the central nervous system.

De Luca then had Weaver recite the numbers back from 74 to 52, which she did not do well on. He then arrested her, although she was transported to the Christus St. Vincent’s Regional Medical Center. There, she agreed to have her blood taken for a drug and alcohol test at 9:30 p.m., although de Luca also got a search warrant for the blood at 11:30 and a second vial of blood was taken at 11:30 p.m.

PC - Kasey Weaver - 4-16-2017

Indictment, trial and sentence

Judge's portrait
District Judge Mary Marlowe-Sommer

On June 15, 2017, a Santa Fe grand jury indicted Weaver on a single charge of DUI vehicular homicide.

On Nov. 13, 2018, a trial began on the DUI vehicular homicide charge and on Nov. 16, 2018, a Santa Fe jury found her guilty of the single charge.

On April 10, 2019, First Judicial Chief District Judge Mary Marlowe Sommer sentenced Weaver to eight years in prison followed by five years of supervised probation. Weaver faced a maximum sentence of 15 years.

Weaver received 643 days (1.7 years) of credit for time served while she was awaiting trial, including 500 days she spent out of custody, but while being electronically monitored. In New Mexico, time spent on electronic monitoring counts toward the time served calculation.

Request for reduced sentence

In a hand-written motion on May 14, 2020, Weaver noted she has no prior convictions and, since being sent to prison, has not received any discipline.

“Further, I have been enrolled in multiple programs starting with Matrix in Santa Fe County Jail, Sober Living shortly after my transfer to Springer Womens Facility, and most recently with the completion of the Residential Drug Abuse Treatment Program on the 27th of March, 2020,” Weaver wrote.

Attached to the motion are a series of certificates noting the programs she completed.

No hearings have been set and no other entries appear on the court docket.

See the case documents on Google Drive or Document Cloud

Paulo Vega-Mendoza: Paul Padilla — 4-15-2017

Suspect: Paulo Vega-Mendoza

Victim: Paul Padilla, 63

Charges: DWI great bodily harm, knowingly leaving the scene of an accident causing great bodily harm or death, failure to give notice of an accident and criminal damage to property under $1,000

Status: Sentenced following guilty plea to DWI vehicular homicide

Sentence: 12 years followed by 3 years supervised probation

Date of incident: April 15, 2017

Agency: Santa Fe Police Department

Location: Airport Road, Santa Fe

Magistrate case number: M-49-FR-2017-00472

District case number: D-101-CR-201700533

Sentencing judge: T. Glenn Ellington

Judicial district: First Judicial District

Prosecutor: Blake Nichols

Prosecuting agency: First Judicial District Attorney’s Office

 

Summary

An allegedly drunk Paulo Vega-Mendoza allegedly crashed into the back of the motorcycle Paul Padilla, 63, was driving on April 15, 2017 on Airport Road in Santa Fe.

Vega-Mendoza allegedly fled from the scene, after he allegedly crashed own car, a Dodge Neon. It landed on its hood.

Witnesses, and then officers, allegedly chased Vega-Mendoza on foot before he tried to climb and fence and it broke, throwing him backward.

Padilla died from extensive brain injuries on April 25, 2017.

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The incident

Santa Fe Police Department Officer Erasmo Montijo came across a motorcycle versus car crash on April 15. He called it in as soon as he arrived, at 5:44 p.m. He reported several witnesses were chasing the alleged driver in the accident north on Camino de Jacobo, Officer Michael Flores wrote in a statement of probable cause for Paulo Vega-Mendoza’s arrest.

At the scene of the crash, Flores found that the motorcyclist, Paul Padilla, was alive. He was flown to the University of New Mexico Hospital following the crash with extensive brain damage. He died April 25, 2017, 10 days later.

Witnesses told Flores that the motorcycle rolled, finally coming to a stop on top of Padilla.

Paulo Vega-Mendoza

Witness Mary Prone allegedly told officers she was driving east on Airport Road in the right lane and the motorcycle was in front of her and switched from the right to left lanes.

“Ms. Prones observed another vehicle, a Dodge Neon, pass her and did not brake,” Flores wrote. “The Dodge Neon struck the motorcycle from behind.”

Another witness, Margaret Johnson, said she was in the left lane and heard the Neon revving its engine and speeding.

“The Neon passed her in the right lane and cut in front of her to the left lane,” he wrote. “The vehicle was traveling at a high rate of speed and struck the motorcycle.”

After hitting the motorcycle, Vega-Mendoza’s Neon rolled, coming to rest on its hood.

“Mr. Vega-Mendoza then exited the vehicle and fled the scene,” Flores wrote. “Mr. Vega-Mendoza did not render aid or give immediate notice of an accident prior to leaving the scene.”

Montijo followed Vega-Mendoza as he allegedly fled on foot, north on Camino de Jacobo. He was being chased by several people.

“Officer Jared Alire and I jumped the fence and were in the backyard of a residence on Acequia Borrada,” Flores wrote. “On Acequia Borrada a male pointed to the west and stated ‘He ran that way.'”

Alire and Flores scaled a fence and found themselves in the same back yard as Vega-Mendoza as he allegedly tried to climb the fence opposite.

“As I finished negotiating the fence I observed the fence the male was pulling himself onto had broke and the male fell backwards to the ground,” Flores wrote. “Officer Alire then placed the male into handcuffs.”

While talking to Vega-Mendoza, Flores could allegedly smell alcohol coming from his breath. He also noticed alleged bloodshot, watery eyes and slurred speech.

After being read the implied consent act, Vega-Mendoza refused to submit to a blood-alcohol test. Flores later got a search warrant for the blood and the draw was done at 7:25 p.m.

He was arrested on charges of:

  • DWI great bodily harm
  • Knowingly leaving the scene of an accident causing great bodily harm or death
  • Failure to give notice of an accident
  • Criminal damage to property under $1,000
PC - Paulo Vega-Mendoza - 4-20-2017

 

Indictment and Plea deal

On July 7, 2017, he was indicted on charges of:

  • DWI vehicular homicide
  • knowingly leaving the scene of an accident causing great bodily harm or death
Judge's portrait
First Judicial District Judge T. Glenn Ellington

A summons was issued for him to appear on July 24, 2017, and he pleaded not guilty.

On April 29, Vega-Mendoza pleaded guilty to one count of DWI vehicular homicide and, according to the plea deal signed by prosecutor Blake Nichols, prosecutors agreed to drop the charge of knowingly leaving the scene of an accident. First Judicial District Court Judge T. Glenn Ellington accepted the plea.

However, according to the plea, there was no agreement as to the sentence and the maximum was 15 years.

Sentenced

Ellington sentenced Vega-Mendoza to 12 years in prison followed by three years supervised probation on Sept. 27, 2019, according to the judgement and sentence.

Vega-Mendoza received credit for 792 days served, just over two years, for time spent in jail and on electronic monitoring prior sentencing.

See the case documents on Google Drive. or Document Cloud

Mansoor Karimi: Christopher Bryant, Ian Sweatt — 12-16-2016

Suspect: Mansoor Karimi

Victim: Christopher Bryant, 30

Victim: Ian Sweatt, 33

Charges: Two counts of vehicular homicide reckless driving and failure to give information and render aid

Status: Guilty of two counts of vehicular homicide reckless driving following jury trial

Sentence: 8 years (maximum of 12)

Date of incident: Dec. 16, 2016

Agency: Santa Fe Police Department

Location: Intersection of Camino Carlos Rey and Plaza Verde, Santa Fe

County: Santa Fe

Prosecutor: Kent Wahlquist

Prosecuting agency: First Judicial District Attorney’s Office

Magistrate case number: M-48-FR-2017-00001

District case number: D-101-CR-2017-00250

 

Summary

On Dec. 16, 2016, Mansoor Karimi was allegedly speeding down Camino Carlos Rey, a residential road with a speed limit of 25 mph, when he blew through a stop sign and crashed into the side of a car driven by Christopher Bryant, 30, pronouned dead at the scene.

His passenger, Ian Sweatt, 33, was transported, then pronounced dead at the hospital.

Officers estimated Karimi’s speed, in a BMW 335i, to be at least 50 mph when he went through the stop sign.

On Jan. 12, 2017, Officer James Plummer submitted an affidavit for an arrest warrant to bring Karimi into custody on two counts of vehicular homicide.

On March 23, 2017, a Santa Fe grand jury indicted Karimi on two counts of vehicular homicide and one count of failure to give information and aid at a crash.

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The incident

On Friday, Dec. 16, 2016, Santa Fe Police officers were dispatched to the intersection of Camino Carlos Rey and Plaza Verde for a car crash.

Mansoor Karimi

At the scene, Christopher Bryant, 30, the driver of a blue Chevy Cobalt, was pronounced dead. His passenger, Ian Sweatt, 33 was transported to the hospital by ambulance, where he was also pronounced dead, Officer James Plummer wrote in an affidavit for an arrest warrant filed on Jan. 12, 2017.

At the scene, Mansoor Karimi, 38, was sitting in a different vehicle, not related to the crash.

Plummer found that Byrant has been driving east on Plaza Verde when he was allegedly T-boned by Karimi, driving a BMW 335i.

“The evidence exhibited on the BMW showed it was going south on Camino Carlos Rey due to the front impact of the vehicle,” Plummer wrote. “After the T- Bone impact, the Chevrolet· Cobalt Traveled 251 feet uphill south of the impact site. The BMW traveled 157 feet uphill south bound on Camino Carlos Rey. With training and experience,and upon viewing both vehicles final resting position, it indicated that the BMW was traveling at a high rate of speed in excess: of the posted 25 mph speed limit, and failed to stop at the posted stop sign in a residential area.”

The point of impact was 44 feet into the intersection, which meant Karimi allegedly blew through it, going at least 50 mph, Plummer wrote.

“With training and experience, the BMW 335i could not have accelerated to a speed that would induce the damage seen at the scene of the crash in that distance if it had come to a complete stop at the stop sign,” Plummer wrote.

An unnamed witness, headed north on Camino Carlos Rey told Plummer that Karimi was allegedly driving an estimated 60-70 mph. The speed limit for the residential area was 25 mph.

“The search warrants on the vehicles confirmed the· reconstruction equations on the Chevrolet Cobalt and the documentation saved in the Airbag Control Module showed the Chevrolet Cobalt within the limits of the speed of the roadway,” Plummer wrote. “The speed of the Chevrolet Cobalt was documented on the Airbag Control Module as 7 mph at the time of the event. The energy of the crash indicates that the black BMW would have had to transfer the rest of the energy to induce the injuries ·reported.”

Later investigation would show that Bryant had a blood-alcohol content of 0.07.

Affidavit for Arrest Warrant - Karimi Mansoor

 

Court proceedings

Indictment

On March 24, 2017, a grand jury indicted Karimi on charges of:

  • Two counts of vehicular homicide (reckless driving)
  • Failure to give information and render aid at the scene of an accident

District Judge Mary Marlowe Sommer arraigned him on April 21, 2017 and released him on a $10,000 signature bond.

Missing cell phone

On Nov. 1, 2018,  Karimi’s attorney, Tom Clark, filed a motion to compel the production of the cell phones found in Bryant’s car or, in the alternative, dismiss the case against him.

Judge's portrait
District Judge Mary Marlowe-Sommer

Clark wrote there was a cell phone on Bryant’s seat but it was never entered into evidence. He attached crime scene photos to the motion that show the damaged cell phone on the seat of the car, right after he was removed from the vehicle. In another picture he attached, taken after the crash, the cell phone is missing.

No record existed as to the whereabouts of the cellphone and neither Bryant’s phone, nor Sweatt’s phone were mentioned in any police reports.

“Whether Mr. Bryant was either texting, talking, or otherwise using his telephone at the time of the accident is extremely relevant to this case,” Clark wrote. “If Mr. Bryant was using his telephone immediately prior to, or at the time of the crash, this would be exculpatory evidence for the Defendant.”

If the phones couldn’t be located, the case needed to be dismissed, he wrote.

Prosecutor Kent Wahlquist wrote in a response, Nov. 16, 2018, that the case shouldn’t be dismissed because it did not appear that law enforcement acted in bad faith in not preserving the cellphones.

On Dec. 18, 2018, Marlowe Sommer issued an order to the Santa Fe Police Department to search the cellphone. On Jan. 3, 2019, Clark filed a stipulated motion to continue the trial, that had been scheduled for Jan. 23, 2019, because discovery and the examination of evidence was ongoing.

Guilty verdict

On Feb. 18, 2020, a jury found Karimi guilty on two counts of vehicular homicide by reckless driving for the two deaths, according to jury verdict slips.

According to Phaedra Haywoood of the Santa Fe New Mexican, it took the jurors less than two hours to render a verdict following the five-day trial. Another charge, of failure to render aid, was thrown out following a directed verdict.

Following the verdict, District Judge Mary Marlowe-Sommer ordered Karimi be remanded into custody pending sentencing and to undergo a 60-day evaluation to determine a sentence. He faces a maximum sentence of 12 years.

Sentencing had initially been set for May 13, 2020, but Karimi’s attorney, Tom Clark, requested it be set for a day when in-person court hearings were allowed again.

“To conduct this sentencing by video and/or audio limits counsel’s ability to effectively advocate on the Defendant’s behalf,” Clark wrote.

In an order dated May 18, Marlowe Sommer set the sentencing hearing for 11 a.m., July 17 in Santa Fe.

“The Court anticipates that appropriate precautionary measures to safely conduct jury trials and in-person evidentiary hearings will be in place on or about July 15, 2020,” she wrote.

Sentencing

On July 17, 2020, Marlowe-Sommer sentenced Karimi to eight years in prison followed by four years of supervised probation, of a possible 12-year sentence, according to a judgement and sentence.

According to Phaedra Haywoood of the Santa Fe New Mexican, Marlowe-Sommer told Karimi, before she sentenced him, he was driving too fast, “blew through a stop sign” and that the crash was avoidable.

She sentenced Karimi to four years for the death of Sweatt and four years for the death of Bryant. He received credit for five months time served.

Motion to reconsider sentencing

Clark filed a motion to reconsider the sentence on Aug. 18, 2020. He wrote that Karimi should have been sentenced in person, as his sentence could have been so high because the video feed affected Marlowe-Sommer’s ability to “fully assess” his remorsefulness

“That the absence of any degree of humanity, in a proceeding done entirely by video and audio, affects the ability of the Court to impose a sentence consistence with a just and fair sentence,” Clark wrote.

Clark wrote in his motion that he believed Karimi’s due process rights were violated by the “impersonal, constraining, and awkward presentation of his sentencing argument by video.”

“Defendant asserts that this potentially is a reason that contributed to the sentence in this case which exceeded the seven (7) year sentence requested by the State,” Clark wrote.

Clark wrote in his motion that Mansoor also deserved to have his sentence reconsidered because prosecutors with the First Judicial District Attorney’s Office treated Mansoor differently than the defendant in a similar case. He appeared to be referring to the case of Ryan Palma, charged with vehicular homicide and leaving the scene of an accident for the death of a 20-year-old motorcyclist. A grand jury indicted Palma on charges of vehicular homicide by reckless driving, knowingly leaving the scene of an accident causing death, tampering with evidence and failure to give immediate notice of accidents.

Haywood reported on Palma’s case and that Marlowe-Sommer rejected a plea deal, July 31, 2020, where Palma would plead no contest to knowingly leaving the scene of an accident and have all the other charges dropped.

“It is at best, an arbitrary and unfair charging decision against an individual without a valid explanation,” Clark wrote. “Such non-uniform plea policies, varying drastically from one prosecutor to the next, are inherently unfair, and raise troubling questions about the charging decision in case.”

No new hearing has been set in the case.

Lawsuit

On April 22, 2019, Ian Sweatt’s family filed a wrongful death lawsuit (D-101-CV-2019-01095) against General Motors, which manufactured the Chevy Cobalt that Bryant was driving, and Karimi.

According to the amended lawsuit complaint, Sweatt and Bryant were both wearing seat belts but were still killed by the crash because the Cobalt “violated several crashworthiness principles and thereby failed to protect them.”

“The injuries complained of herein occurred because the vehicle in question was not reasonably crashworthy and, thereby, created an unreasonable risk of injury and harm,” Justin Kaufman wrote in the complaint.

He listed a series of problems with the Cobalt, including that the seat belts did not prevent “adequate protection to far sided occupants,” that it failed to prevent “rollout” from the far side, the car’s side structure was “weak and inferior” and the “survival space” in the car was destroyed.

See the court documents on Google Drive or Document Cloud