Prosecutor, Defense Split on Who Decided to Race Before 100 MPH Crash

The stories told in court Monday differ sharply on one point: who chose to race.

Prosecutors say Isaac Padilla, now 23, pushed his red Dodge Charger past 100 mph in a 45 mph zone on Airport Road in the dark, racing another vehicle, when he lost control and struck a gray Volkswagen Jetta. The Charger hit the median, rolled, and the impact dislodged a boulder and tore the passenger-side door from the vehicle. Padilla's then-16-year-old girlfriend was partially ejected, with her body thrown outside the car while she remained restrained in her seat, prosecutor Alia Attallah told jurors.

A jury trial began Monday in the case. Padilla faces charges of first-degree child abuse resulting in great bodily harm, reckless driving, and racing on highways. A conviction on the first-degree child abuse count alone carries up to 19 years in prison.

The girl suffered injuries to both legs, and doctors initially feared they might have to amputate one or both, Attallah said. After first being taken to Christus St. Vincent Regional Medical Center, she was airlifted to University of New Mexico Hospital, where she spent three months and underwent 15 surgeries before release. Nearly two years later, she still limps, wears a brace and orthotic to walk, and attends physical therapy. She will need adaptive equipment to drive a standard vehicle, Attallah said, and can no longer jump, run, hike, or ski.

"This case is about recklessness," Attallah told jurors. She said Padilla made choices "to race, to push his vehicle to extraordinary speeds .. and to continue racing down the roadway at night in darkness with a child in the car."

Public defender Drew Hoffman offered a different account of the same night. He told jurors Padilla picked up the girl around 7 p.m. Sunday and they drove southwest on Cerrillos Road, where they saw other vehicles revving engines and racing between lights. Padilla asked the girl if she wanted to join, and she said no. He continued driving normally. Later, at the intersection of Cerrillos Road and Airport Road, the girl said, "Fine, you can race," Hoffman told jurors. Padilla accelerated, the race lasted under a minute, and he began slowing when a gray Volkswagen Jetta pulled into the left lane ahead of him. Padilla tried to dodge, Hoffman said, but the vehicles collided. "This is a sad story, full of bad decisions," Hoffman repeated. He asked jurors to consider whether Padilla "placed" the girl in that situation and whether his decision rises to first-degree child abuse. Hoffman also said some evidence suggests police were so "furious" with Padilla they decided to make an example of him. "It's not the police who get to decide what the right charge is for Isaac's bad decision," Hoffman told jurors. "It is you."

A Santa Fe Police Department probable cause statement offers a third version. In that account, Padilla told an officer another motorist was antagonizing him at the traffic light at South Meadows and Airport Road, trying to get him to race, and the girl advised him "not to engage in racing or aggressive driving." Padilla admitted he "accelerated quickly once the light turned green," the statement says. The police report also includes an eyewitness statement saying the Volkswagen Jetta "was in front of her driving perfectly fine" when the red Dodge Charger sped past, rear-ended the Volkswagen, and lost control.

The vehicle Padilla was reportedly racing was never apprehended, according to the state. Attallah told the court that data from a black box recovered from Padilla's Charger recorded the car going more than 130 mph about five seconds before the crash, and showed it was still traveling about 97 mph when it hit the Jetta. State District Court Judge Jason Lidyard said Monday he would rule later in the trial on whether that report can be admitted, given late disclosure by the prosecution. Witnesses expected during the trial, scheduled to run through Friday, include the injured teenager and her father.