Defense: Fatal crash was "tragic accident" but not murder
Aug. 13—ALBUQUERQUE, N.M. — Elexus Groves drove a stolen van that crashed into a car, killing an Albuquerque woman and her daughter, but those actions don't constitute the crime of murder, her attorney told jurors Wednesday on the first day of her trial.
"Elexus drove that van into a small passenger car causing a terrible accident," her attorney, Maxwell Pines, said in his opening statement. "There's no disputing that. But she is not a murderer."
Prosecutors allege that Groves, 26, and a male companion stole a van and fled from police in 2017 when she crashed into a car in Northeast Albuquerque, fatally injuring Shaunna Arredondo-Boling, 39, and her 14-year-old daughter, Shaylee Boling.
The van was travelling about 68 mph when it struck the car at Chelwood Park and Copper NE, Deputy District Attorney David Waymire told jurors.
Shaylee Boling, a Sandia High School freshman, died at the scene. Arredondo-Boling died in a hospital 13 days later having never regained consciousness. Her son, who was riding in the back seat, was hospitalized with a broken leg.
Arredondo-Boling was driving her daughter to school at the time of the crash.
Groves is charged in 2nd Judicial District Court with two counts of first-degree felony murder, fleeing a police officer, two counts of motor vehicle theft and other charges.
Groves' attorney acknowledged that many of the prosecutors' allegations are true.
"To a large extent, the facts are agreed upon," Pines told jurors. But prosecutors will not be able to prove that Groves committed murder because she didn't intend to kill anyone and didn't have a "corrupt, malicious state of mind" at the time of the crash, he said.
"She did not want to hit that car," Pines said. Groves had her foot on the brake at the moment of impact, he said. "The prosecution wants to turn a tragic accident into a murder."
Prosecutors allege Groves and a companion, Paul Garcia, 28, stole an electrician's van Jan. 18, 2017, as it idled in front of the worker's home in Northeast Albuquerque.
Garcia pleaded guilty last month to two counts of motor vehicle theft and two counts of conspiracy for his role in the crash. The plea agreement recommends he serve six years in prison and requires him to "cooperate fully and give truthful statements" in Groves' trial. He will be sentenced after the trial.
Garcia testified Wednesday that he and Groves injected methamphetamine the morning of the fatal crash. Groves had never injected meth before and "she got really high right away," Garcia testified.
Groves drove the stolen van, which soon became involved in a police chase, he said.
Police were able to track the van using a GPS device and took up pursuit on Tramway NE, Waymire told jurors.
After the fatal crash, Garcia and Groves fled on foot and later stole a pickup truck to evade police, Garcia said.
Groves became highly emotional while the two were hiding from police, Garcia said.
"Elexus began to cry," he told jurors. "I tried to calm her down because she was really worried that she hurt somebody."
The trial is scheduled through Aug. 20.
