New Mexico drunken driver sues buddy, restaurants

An image of James Ruiz, who was convicted in a crash that killed two teenagers in New Mexico. He pled guilty in 2011 and is serving a 40-year prison sentence. / KRQE

SANTA FE, N.M. A repeat drunken driver convicted in a crash that killed two teenagers has sued his drinking buddy and two Santa Fe restaurants that served him alcohol.

James Ruiz, 37, filed a lawsuit Wednesday in New Mexico District Court and is seeking monetary damages from the friend he was out drinking with as well as Applebee's and the Blue Corn Cafe, the Albuquerque Journal reported Friday.

The lawsuit, filed by Ruiz without a lawyer, claims the restaurants and his friend caused Ruiz emotional distress due to the loss of liberty and enjoyment of life after he was served drinks in 2010.

Ruiz said in his suit that he was convicted and incarcerated due to the chain of events the defendants set in motion.

Police said Ruiz rammed his truck into a car and killed two teenagers — Del Lynn Peshlakai, 19, and her sister Deshauna, 17 — from the Navajo reservation.

He's serving a 40-year prison sentence after entering a guilty plea in 2011.

Santa Fe Dining, a restaurant group that includes Blue Corn Cafe, declined to comment. Applebee's did not immediately return two phone messages and an email from The Associated Press.

Ruiz was out on bond on his fifth DWI arrest when the fatal crash took place, authorities said.

Police said he had a blood-alcohol concentration at the time of 0.22 percent, nearly three times the legal limit for driving.

The Peshlakai family has filed a wrongful death suit against Ruiz, the restaurants and others in the case. That suit is pending in state district court.

The Peshlakai sisters and their parents were in town for a high school basketball tournament when the fatal wreck took place. The parents were injured in the crash.

[Aussie_convict]

Class Act

[sweetlife007]

This fits perfectly with every alcoholic I have ever known- that they believe their drinking and their actions from drinking are somebody else's fault. It is NEVER their fault! Ruiz was out on bond on his fifth DWI arrest when the fatal crash took place--wow what was the judge thinking?

[BludApfel]

It's unacceptable that after 1 arrest someone would be walking free without mandatory rehab - but 5 times?

It used to be that the first one was "on the house." Now it appears that people get 5 chances to kill someone before they actually get locked up.

This is pathetic.

[BludApfel]

I'm waiting for the apologist here who says that drunk driver aren't a threat.

Why was he still free after having FIVE ARRESTS?!?!?!?!?!?!?!

[nehicks]

Because this is New Mexico, where the judges, prosecutors and other "judicial" officers feel that "they are just misunderstood and need help. It's not their fault, it's a sickness. How will they be able to support their families if they are stuck in jail?"
Supposedly, NM has tough drunk driving laws, but you wouldn't know it looking at how many drunks are let loose back on the streets of this state.

[Paroquet]

You don't serve or sell alcohol to intoxicated persons.

Somebody did. Whoopsie. Now they have an obligation for something that happened. Aww, shucky-darn.

You "conservative" types need to put a couple pennies down and buy a clue. The law's the law--this obviously intoxicated person was sold alcohol. That's against the law. The guilty party is the seller. That's the law.

Conservatives...pfaugh...they can't walk their own talk.

Rules are rules. Aren't they?

[WHAT-IS-HE-SMOKING]

And just when does he take responsibility for what he does? I guess not after the 1st DUI, of the 2nd DUI, or the 3rd DUI, or the 4th DUI. You see a pattern here?

[Darren_McKinney]

I didn't realize that condemnation of irresponsibly murderous behavior, as in incorrigibly and repeatedly driving while drunk, was exclusively a "conservative" thing. Furthermore, do you mean to suggest that liberals endorse such behavior?

[bramletabercrombie]

If he was driving the speed limit and those poor kids pulled out in front of him I would feel bad for him, but if he was driving like a maniac then he should just stay in jail.

[bobnjersey]

[Ruiz said in his suit that he was convicted and incarcerated due to the chain of events the defendants set in motion.]
----------------------------------------------
despite what anyone else's role in his situation might be ... he's the one who chose to get behind the wheel and drive the night he killed those people ... and the responsibility for the results of those actions are his and his alone.

[VO142857]

I wish I were the judge in his trial. I would find his lawsuit frivolous and order him to pay other parties' legal expenses. Then I would order funds to be withdrawn from his prison comissary account.

[ammo17]

sounds logical to me i don`t think anyone has used this excuse before.

[63026emanon]

And he just might win his case. There are "Stella" cases where for example a college b' ball player has sued and won hundreds of thousands because he couldn't read --- and he blames the college. Look up "Stella Awards". People can sue for stupid --- and win!

[poppy5735]

5 priors and he blames someone else? Please! 40 years is not long enough!