Daniel Delgado, 29, of El Paso faces charges including attempted felony battery on a health care worker, three counts of battery on a health care worker, DWI, reckless driving, and resisting or obstructing an officer, according to New Mexico State Police information reported by KFOX14/CBS4. The charges stem from a Sept. 12 crash and an alleged altercation with responders in Sierra County.
Charges and case status
A judge signed a warrant for Delgado's blood sample, KFOX reported. Sierra County District Court proceedings had not been scheduled, and the available report did not state Delgado's custody status. It also remained unclear how the blood-test results would affect the case.
Under New Mexico law, battery against a health care worker, including a licensed emergency medical technician performing job duties, is a fourth-degree felony. The original article cited a basic statutory penalty of up to 18 months in prison and a fine of up to $5,000 for such a conviction; sentencing would depend on the case and court orders. The statute is available through New Mexico law.
The resisting-or-obstructing charge is a misdemeanor. The original article also cited New Mexico Motor Vehicle Division information stating that a first-offense DWI can carry penalties including up to 90 days in jail, community service, DWI school and ignition-interlock requirements: New Mexico Motor Vehicle Division.
Alcohol-related crashes in New Mexico
According to the New Mexico Department of Public Safety, alcohol is involved in 40 percent of all fatal traffic crashes in New Mexico, making alcohol-related traffic fatalities the state's largest traffic-death factor. That statistic provides statewide context for the DWI charge in this case, but by itself does not show whether the pattern has changed in recent years.
Allegations from the crash response
The crash occurred on Interstate 25 near milepost 51, a rural stretch south of Truth or Consequences and Elephant Butte, according to the NMSP account reported by KFOX. A white SUV left the interstate and came to rest on its side near an exit ramp. Officers found Delgado in a canyon and helped him up the hill; the account said he was verbally aggressive, had difficulty speaking and making sense, and had cuts and blood on him.
KFOX reported that the ambulance driver told investigators Delgado fought in the rear of the vehicle during transport to a hospital. An NMSP officer entered the ambulance to help, and the account alleged that Delgado kicked the driver, bit the officer and kicked the officer before several officers restrained him.
Paramedics administered ketamine while responders restrained Delgado, KFOX reported. New Mexico Department of Health material cited in the original article discusses prehospital ketamine use for agitated or violent patients but does not establish the precise protocol used in this case: New Mexico Department of Health material.
Other reported attacks on EMS workers
New Mexico has documented other cases involving alleged violence toward EMS personnel. KRQE News 13 reported that Albuquerque police responded in May 2021 to a Lovelace Hospital incident involving a patient accused of attacking paramedics; 39-year-old Anna Olivas was charged with battery on a healthcare worker.
