By Mike Linn
A Roswell truck driver suspected of vehicular homicide in connection with the death of a 2-week-old boy will face a Roosevelt County grand jury on Thursday afternoon.
Brian Moshier, 40, is accused of slamming his tractor-trailer rig into a compact car while driving drunk on U.S. Highway 70 near Elida in the early morning hours of Aug. 5. Infant Angel Martinez was ejected from the car due to the collision and was found dead at the scene, according to a criminal complaint filed in Roosevelt County Magistrate Court.
Moshier faces a maximum sentence of 13 1/2 years for the crimes of vehicular homicide while driving under the influence of an intoxicating liquor, leaving the scene of an accident involving great bodily harm and tampering with evidence, according to Ninth Judicial District Attorney Brett Carter.
Mike Moshier said his brother got out of prison a little over a year ago and fled the scene because he was afraid of more jail time. Brian Moshier has been arrested for DUI in the past, Mike Moshier noted, but said he was unsure of the specifics.
Mike Moshier also said he did not know the details of his brother’s criminal history.
But Mike Moshier wanted to refute a statement from Carter that Brian Moshier “has no regard for the welfare of the child” that died.
“He’s not the Charles Manson baby killer everybody is making him out to be,” Mike Moshier said Monday afternoon. “He’s a very loving person; my children love Uncle Brian very much. When he comes over they don’t want to see him go.
“He fled the scene because he was scared of going back to jail.”
Carter said Brian Moshier has been arraigned and been appointed a public defender.
Following the collision, the parents of Angel Martinez approached Brian Moshier, who they described as looking disoriented and smelling of liquor, the police report states.
After Angel’s mother Ruth approached, Brian Moshier fled on foot, the report states, and police found several bottles of beer scattered around his truck.
“It appeared the driver pulled the beers out of the box and threw them in an attempt to disassociate them with himself or the semi,” New Mexico State Police Officer Lance Bateman wrote in the complaint.
Elida police captured Moshier the evening of the accident after receiving a phone tip, Carter said.
Moshier is being held at the Roosevelt County Detention Center on a $25,000 bond.