sadly, it happens all the time, and sometimes, the drivers intentionally murder the bikers....
A Question of Justice...
THE RED RIVER TRAGEDY
This is the story of a case involving motorcyclists and the New Mexico judicial system. The information that follows is based on police accident reports, court documents, and statements from the surviving victims. It describes the struggle for answers in their pursuit of justice and the difficulties that they’ve encountered. Was there corruption or was there simply a blind eye turned toward justice? You be the judge. Since this writing, ABATE of Colorado has learned that Taos DA has referred this case to Clovis, Curry County New Mexico for review. Taos County can find no cases to provide justification for charges against Bailon. Submitted on
behalf of the victims by ABATE of Colorado.
On May 30, 2004, two motorcyclists, Leslie Walker with passenger Kathleen Pullara, along with Timothy Serles and wife Jennifer were participating in the annual Red River motorcycle gathering in Red River, New Mexico. While leaving the event that day under clear and dry conditions, they fell victim to an at-fault underage driver who claimed two of their lives and forever change the lives of the survivors. The devastating results of the “accident” were further aggravated by questionable handling of the case by New Mexico’s Eighth Judicial District Attorney, Donald Gallegos.
Court documents and police reports from the crime scene confirm the fact that Leslie Walker and Tim Serles died as a result of criminal actions by 15-year old Gerald J. Bailon of Questa, NM. Witnesses Patrick Quintana and Jackie Sanchez, friends of Bailon, were following closely behind him in their own vehicle when the incident occurred. According to witnesses, the Quintana/Sanchez vehicle and that of Bailon’s traveled side by side down the highway moments before the crash. They were conversing as they crested the hill of this two-lane highway with double yellow lines between them while approaching the oncoming and now visible motorcyclists. Though their statements changed dramatically during the initial investigation from that of claiming they “did not see anything” to later admitting that they witnessed Bailon swerve across the yellow center line and into the oncoming bikes, their statements failed to mention that Bailon’s vehicle also switched in and out of the victim’s lane just seconds before the crash.
As Bailon progressed ever closer toward the oncoming bikes, he once again veered into the lane of the oncoming motorcycles resulting in a head-on collision with the bike of Leslie Walker and Kathleen Pullara. Leslie was pronounced dead at the scene and Kathleen sustained multiple severe injuries including the loss of her left leg, back fractures, neck fracture, pelvis fractures, rib fractures, head trauma and numerous other injuries. The bike of Tim and Jennifer Serles went down while attempting to avoid the
collision. Tim died several days later from his injuries and Jennifer sustained serious head injury, facial trauma, neck and shoulder injuries, as well as hip and leg injuries. District Attorney Donald Gallegos would later state that the injuries of survivors were not, in his opinion, “serious bodily injuries”. Gallegos filed no charges whatsoever against Bailon for the
permanent physical damage that he inflicted upon the surviving passengers. This is but one of many disturbing circumstances regarding Gallegos’s handling of the prosecution that give rise to serious doubts as to whether justice has or will be served. Many questions remain unanswered.
Gallegos admits to being a “family friend” to that of the Bailon family. Why didn’t he immediately remove himself from the case in light of this potential conflict of interest? At the very least, it implies compromised impartiality as evidenced by a number of subsequent actions favoring the defendant. Why were timely witness statements taken only from the friends of defendant Bailon and not from the two surviving victims themselves who indicated
a strong desire to offer supplemental statements to those provided while in shock at the accident scene and in the hospital shortly thereafter? Within a week after the crash, Jennifer Serles contacted NM state police to inform them that she wished to make a statement to include her belief that the crash was not an accident.
While in the hospital, Kathleen Pullera advised authorities that she too wished to offer a witness statement. Both were told that they would be contacted. But it wasn’t until almost five months later after repeated calls by the victims to the NM Governor’s office that they finally were. Why didn’t Gallegos provide the victims with timely notification of court proceedings as they requested and as they’re entitled to under the Victim’s Rights? Why was Gallegos unresponsive to calls and inquiries from the victims who were alarmed and gravely concerned with what they believed were incomplete and insufficient charges against the defendant? Why did Donald Gallegos “strongly discourage” the victims from attending the first hearing for Bailon when they had every right to be there and indicated their desire to do so? Even more serious questions than these need to be answered.
Why wasn’t Bailon charged as an adult? If he believed that he was old enough to enjoy the privileges of an adult and drive without adult supervision, shouldn’t he be tried as an adult? Why were no charges filed against him for the serious injuries and permanent disabilities inflicted upon the surviving victims? Why have no charges been filed against Bailon’s
guardians who allowed the use of their vehicle without adult accompaniment as required for a permit holder under NM law? If the weapon had been a gun rather than a vehicle, wouldn’t the owner be responsible? Why is this any different? And finally, why is Governor Bill Richardson, who has been made aware of the facts of this case, doing nothing about it? In our view, the pursuit of justice in this matter has been at best grossly inadequate. The
deceased and surviving victims deserve much better.
Bailon was initially charged with two counts of involuntary manslaughter in Children’s Court; a class 4 felony IF he had been tried as an adult. Instead, Gallegos has petitioned the court for Bailon to receive counseling without so much as detention or even a traffic citation. This is outrageous in and of itself but all the more so since Bailon has shown no remorse whatsoever toward the victims or their families. To the contrary, the victims report Bailon’s court demeanor as smug and conceited, the likely result of knowing full well that the slap on the wrist proposed by his DA friend would be little more than a minor inconvenience to him. Reportedly, even his driving permit, now graduated to a driver’s license, has not been revoked or suspended. This killer is still driving the roads and highways of New Mexico
knowing full well that what he believes he’s getting away with is nothing short of homicide. |
I've seen this a few times and it's sad but true.