SANTA FE, N.M. — Two years after New Mexico Senate President Pro Tempore Mimi Stewart struck a pedestrian in a Santa Fe crosswalk, questions and rumors about the incident continue to circulate online.
A review of police records, court documents and interviews with law enforcement and Stewart’s attorney confirm some claims and refute others.
The incident happened Jan. 16, 2024, at the intersection of Paseo de Peralta and Bishops Lodge Road in Santa Fe.
According to an accident report completed by Santa Fe Police Officer Justin Pillera, state Sen. Miriam Stewart was turning right onto Paseo de Peralta when her vehicle ran over Jonathan Richardson’s foot while he was in the crosswalk.
Court documents state Richardson was taken to a hospital with multiple fractures in his foot.
Stewart told the officer she had a green light and the right of way. Richardson told police the walk signal was illuminated when he entered the crosswalk.
According to the police report, Pillera determined no one was at fault and did not issue a citation.
One allegation that has circulated online is that the incident was a hit-and-run. Santa Fe Police Chief Ben Valdez said Stewart remained at the scene and that police found no evidence the incident was a hit-and-run.
Questions have also been raised about whether Richardson was paid to stay quiet about the case.
Richardson filed a civil lawsuit against Stewart seeking reimbursement for medical expenses, loss of income, emotional distress and other damages commonly sought in personal injury cases.
Richardson’s attorney could not be reached for comment.
Geoff Romero, Stewart’s personal attorney, said Stewart’s insurance company paid the settlement.
“The senator didn’t pay anything. Her automobile insurance company paid to settle the case,” Romero said.
The incident has also drawn renewed attention because Stewart pleaded guilty to drinking and driving in the 1990s.
Santa Fe police said no sobriety tests were conducted on Stewart the night of the 2024 incident.
Police must establish probable cause before requiring a driver to submit to a breathalyzer or field sobriety test. Indicators such as bloodshot eyes, slurred speech or mobility issues can prompt testing.
According to police, Stewart told the responding officer she was driving home from work and had only consumed a glass of water. The officer did not find reason to administer a sobriety test.
Romero criticized allegations that Stewart was impaired.
“I’m just surprised by the allegations that seem to be born out of whole cloth, just fabricated. And it’s a political season. I recognize that happens, but it shouldn’t happen with this kind of falsity,” Romero said.
One question remains unresolved: why the officer concluded no one was at fault.
The crosswalk signal at the intersection can display a walk signal or a stop signal while drivers turning right have a green light. A visit to the intersection this week found the signals operating that way.
While observing the intersection during the day, a pedestrian with a walk signal was nearly struck by a driver making a right turn on green from Bishops Lodge Road.
Richardson told police the walk signal was illuminated when he crossed the street.
Santa Fe police said pedestrians always have the right of way when the walk signal is on, even if drivers have a green light while making a right turn.
Because the crash happened at night and more than two years ago, investigators have no way to determine whether the walk signal was illuminated when Richardson entered the crosswalk unless a witness or recording captured the incident.
