Clerk cleared of selling beer to Papst pleads guilty to DWI

Woman arrested in April after injuring another driver in collision

Doug Mattson | The New Mexican

5/15/2008 - 5/16/08

The woman acquitted of charges she sold beer to Dana Papst, the drunken driver who went on to kill a family of five and himself in a head-on crash in 2006, pleaded guilty to drunken driving Thursday.

Shanna Renee Lovato, 31, pleaded guilty to driving while intoxicated in Bernalillo County Metropolitan Court in Albuquerque, and the prosecutor dropped charges of aggravated DWI and having an open container.

Judge Daniel Ramczyk sentenced her to 90 days in jail and gave her credit for serving 43 days. The remaining 47 days were suspended on the condition she install an ignition interlock in her car, attend DWI school and meet other conditions of probation, including serving 48 hour of community service.

Albuquerque police arrested Lovato around 2 a.m. April 4 on San Pedro near Central Avenue after she injured another driver in a collision, according to a police report. The report says she had a breath-alcohol level of 0.20, more than twice the legal limit, after telling police she had consumed two beers and a shot.

Lovato had watery eyes and slurred speech, and said, "I can't do this," while trying to recite the alphabet, according to the police report.

The other driver, Thomas Lopez, 63, who complained of chest pains and had multiple lacerations, told medics he had drank about six beers, the report says.

In a brief interview Thursday, the Albuquerque man said he suffered three broken ribs and a concussion in the accident. He also denied saying he had drunk six beers and said he has not been charged in the case. "My lawyer doesn't want me to talk to nobody at this particular time," Lopez said.

Efforts to reach Lovato for comment were unsuccessful.

A police report said Lopez's blood was drawn, and charges are pending the results of an analysis.

In February, a jury acquitted Lovato of charges she sold a six-pack of Bud Light to a drunken Papst at a Bernalillo convenience store on Nov. 11, 2006. The 44-year-old Tesuque man later drove the wrong way on Interstate 25 near Eldorado and plowed into a minivan, killing five members of a Las Vegas, N.M., family and himself. Papst was found to have a .32 blood-alcohol content, four times the state limit, and witnesses have said he appeared drunk earlier in the day on a flight to Albuquerque.

"I went to (Lovato's trial), and I was pretty much disgusted with the way the whole case was handled. I guess sooner or later it all kind of turns around," said Ralph Gonzales, stepfather of the late Paul Gonzales.

Paul Gonzales, 36, died in the crash with his wife, Renee Collins-Gonzales, 39; and her daughters, Alisha Garcia, 17; Jacquelynn Gonzales, 11; and Selena Gonzales, 10. Arissa Garcia, who was 15 at the time, and a family dog were the only survivors.

Ralph Gonzales said he was upset to learn Lovato had served less than half her jail sentence. "I think as long as people are getting away with only part of their sentence, the incentive for people to stop drinking and driving will never be there," he said. "Otherwise people will keep saying, 'Hey, I can get away with only serving 50 percent of my sentence.' If you get sent to 90 days, you should have to serve 90 days."

Contact Doug Mattson at 986-3087 or dmattson@sfnewmexican.com.