The Navajo Nation owns and operates the Fire Rock Casino near Gallup, New Mexico. Photo from Facebook
A federal appeals court on Monday upheld a 75-month prison sentence in connection with the death of a Navajo Nation man near one of the tribe's gaming facilities. Almundo Cruz Singer pleaded guilty to one count of involuntary manslaughter in April 2015. He admitted he was driving under the influence of alcohol when he struck and killed Marvin J. Ahasteen in front of the Fire Rock Casino near Gallup, New Mexico. Singer, who also is Navajo, was subsequently sentenced to 75 months, followed by three years of supervised release. But he challenged his punishment, arguing that a federal judge departed from guidelines by imposing a longer prison term than anticipated. In a unanimous decision, the 10th Circuit Court of Appeals rejected all of Singer's arguments. A three-judge panel noted that his blood alcohol level was more than twice the legal limit in New Mexico, that his vehicle was traveling at an estimated 84 mph in a 55 mph zone when he struck Ahasteen and that he fled the scene. The upward departure was justified due to "Singer’s blood alcohol level, the extreme degree to which he exposed other members of the public to a risk of serious injury or death immediately prior to and after hitting Mr. Ahasteen, his post-accident flight from law enforcement officers, the length or nature of that flight, or the degree to which he exposed law enforcement officers and members of the public to danger during that flight," Judge Mary Beck Briscoe wrote for the court. Briscoe also noted that Ahasteen died in the presence of his wife. She was forced to witness his "gruesome death" and was an "indirect victim" of the crime, the court determined. Sherilyn Ahasteen told a federal judge that her husband "got hit so hard, he was blown out of his clothes" and that his body parts were scattered throughout the scene. "That is something I will not forget," she said, according to the 10th Circuit's decision.
An aerial view shows the Fire Rock Casino north of Interstate 40 and a Navajo community, known as Sundance, south of the highway. To get to the casino, Sundance residents must go through an underpass beneath Interstate 40 then cross an open highway. Image from Google Maps
Marvin Ahasteen was 36 years old when he died on December 9, 2014. Just two months prior, the Navajo Nation asked a federal judge to halt proceedings in a wrongful death case that was filed in New Mexico state court. Lara Sanders, another Navajo citizen, was killed on February 8, 2011, as she was walking home from the Fire Rock Casino. The lawsuit accused state and tribal officials of negligence by failing to install "adequate traffic and pedestrian facilities" for patrons. A Navajo community known as Sundance is located directly across Fire Rock but the only way to get there is through an underpass beneath Interstate 40, a busy and heavily trafficked highway. Residents must then cross New Mexico State Highway 118, another busy thoroughfare where Ahasteen and Sanders were both killed. Ahasteen's wife testified that they had to run across the open highway in order to get to the casino. According to the lawsuit filed on behalf of Sanders, neither the state nor the tribe installed signs, lights or other fixtures that would safeguard pedestrians. The Navajo Nation eventually reached a settlement to the state court lawsuit, according to a joint filing by the parties. The federal case effectively ended in May 2015. Sanders was 24 years old when she was killed on February 8, 2011. After the tribe was removed as a defendant in accordance with the settlement, the jury found no negligence by the New Mexico Department of Transportation, according to an attorney who submitted a summary of the verdict to the New Mexico Defense Lawyers Association. The lawsuit sought $9.4 million in damages, according to the attorney, who worked on the defense side of the case. Court records show that a judgement was issued in favor of the remaining defendants on October 8, 2015. The state case is Rosemarie Vandever, Personal Representative of the Estate of Lara Sanders v. New Mexico Department of Transportation, et al., No. D-1113-CV-201200556. According to the Federal Bureau of Prisons, Almundo Cruz Singer is serving out his 75-month sentence in Englewood FCI, a low-security facility in Colorado. His release date is May 2020. Related Stories:
Navajo Nation challenges lawsuit over death of casino patron (10/23)
Join the Conversation
