A drunken driving charge against the former Montezuma County District Attorney Christian Hatfield was dismissed Feb. 6 by a special prosecutor, who then refiled the charges in the 11th Judicial District Court.
Stephanie Story, a prosecutor from Grants, New Mexico, cited “complexity of the case,” and “scientific and expert testimony required for trial” as the reason for the dismissal and refiling.
“There is no scientific or expert testimony that will allow a blood draw taken eight hours too late to be used at trial,” said Arlon Stoker, defense attorney for Hatfield. “They have no case.”
The witnesses listed on the court documents are San Juan County Sheriff’s Office deputy Avery Killifer, Bloomfield Police Officer Chase McDonald, Bloomfield Police Sgt. Christian Waltermire, Gabriel Salazar, Joseph Cloyd, Michael Irwin and R. Allen Gilliland, Ph.D.
Hatfield, 61, was charged Dec. 20, 2024, with DWI and open container in connection to a single-vehicle crash about 1 a.m. Aug. 30 on U.S. Highway 64 near the intersection of County Road 5099.
The report detailing the crash states that Hatfield was found “unresponsive and barely able to stand,” and investigators and medics noted a “pungent” odor of alcohol coming from him.
The report also states that investigators found “an open 12-ounce can of Mexican Lager with residual liquid inside,” an “empty wine glass” and a “bottle of Ambien prescribed to Christian.”
The affidavit for search warrant for blood submitted by deputy Avery Killifer states he had an “opinion that the defendant was driving under the influence of intoxicating liquor or a controlled substance,” and that the deputy “placed the defendant under arrest” at the time, but Hatfield was taken to San Juan Regional Medical Center, because of “extensive injuries.”
A blood warrant was used to obtain blood samples from Hatfield, and two vials were collected nearly 12 hours after the crash at 1:33 p.m. Aug. 30.
“The blood draw by rule and by law must be taken within three hours of driving and within four hours for anything related to DWI in order to be used at a DWI prosecution,” Stoker said. “I am filing a motion to suppress blood results.”
Those vials of blood were received by the New Mexico Department of Health Scientific Laboratory at 10:26 a.m. Oct. 11, which was six weeks after the crash, according to records from the lab.
“The results show that at the time of the blood draw, which was approximately eleven hours after the time of the crash due to medical issues, were 0.05 g/100 ml of Ethanol and 0.04 mg/L of Zolpidem (Ambien). Both Ethanol and Ambien are Central Nervous System Depressants,” the report states.
Charges were filed “based on the observations made by law enforcement officers on scene and the presence of intoxicating drugs and liquors in Christian's blood,” according to the report.
The case was turned over to the San Juan County District Attorney’s Office, and DA Jack Fortner filed an attorney conflict of interest on Feb. 3.
“It would have been a conflict for our office to prosecute the case because of the close relationship we have had with Christian Hatfield,” Chief Deputy District Attorney Brian Decker said. “We asked another attorney’s office without that conflict to handle the case.”
Hatfield practiced law in private practice in Farmington. He also was the San Juan County Public Defender and district defender.
Fortner turned the case over to the 13th Judicial District Attorney Barbara Romo, who assigned the case to Story and to 13th Judicial District Deputy District Attorney J. Michael Thomas, who will serve as “co-counsel,” according to court documents.
The case was assigned to District Judge Curtis Gurley, and Story filed a request on Feb. 7, for a 15-minute hearing in front of the judge.
