近距离内射合集

Richard Duque and his wife, Bernice Duque, were driving with their 13-year-old granddaughter to their home in Carlsbad after getting ice cream when a vehicle crashed into them. 

Behind them, a New Mexico State Police officer in pursuit of the other vehicle swerved to avoid crashing into the two cars. But the damage was already done.

The driver of the other vehicle died upon impact and a few hours later, Bernice Duque died from her injuries after being airlifted to a Texas hospital.

The state Department of Public Safety in February agreed to pay $850,000 to settle a lawsuit that alleged the law enforcement agency was liable for Bernice Duque鈥檚 death due to an unnecessary police pursuit that preceded the crash.

An attorney for the Duque family said that 鈥� per an act that states law enforcement should not engage in a police pursuit unless there are reasonable grounds to do so 鈥� the officer should not have continued the chase.

鈥淲e reached an amount that was fair and reasonable for the family,鈥� said Joseph Zebas, lawyer for the Duque family. 鈥淚t was very bittersweet because he lost his wife and the family lost a grandmother. (The granddaughter) continues to feel guilt because they were out to get ice cream that night and on their way back from getting ice cream, and per her request to get ice cream, Bernice never returned home.鈥�

New Mexico State Police declined to comment on the settlement.

The settlement was reached in early February, according to the state government website New Mexico Sunshine Portal. The lawsuit named multiple defendants, including former State Police Chief Tim Johnson, the Carlsbad Medical Center and multiple employees from the hospital, New Mexico State Police and NMSP officer Harold Pozas.

DPS in a statement said that the department has agreed to resolve all claims involving the defendants without an admission of liability. 

"This tragic incident involved an impaired driver, fleeing law enforcement, and causing a crash that resulted in the loss of an innocent life,鈥� said Wilson Silver in a statement for DPS. 鈥淲e extend our deepest condolences to the family and loved ones affected by this heartbreaking event. Our thoughts remain with them as they continue to navigate this profound loss.鈥�

On April 23, 2021, Pozas was driving in Carlsbad when he watched a man, later identified as 31-year-old Rycke Underwood, drive through a stop sign, the lawsuit states.

When Pozas attempted to pull Underwood over, the man drove away at a high speed. Pozas gave chase, driving around 90 mph in a 35 mph zone while weaving in and out of traffic for over a mile in an attempt to catch the man, according to the lawsuit.

Pozas began working with State Police in 2020 and remains with the law enforcement agency, according to Silver.

鈥淒efendant Pozas drove so fast he traveled approximately 1.5 miles in less than 49 seconds in an attempt to apprehend Underwood,鈥� states a wrongful death complaint filed in 1st Judicial District Court. 鈥淚n failing to end the pursuit, (Pozas) failed to act as a reasonably prudent police officer would have.鈥�

Mark Jarmie, a lawyer representing the law enforcement agencies and employees, could not be reached for comment.

Police later learned that Underwood was driving with a blood alcohol concentration level of 0.18%, more than twice the presumed limit of intoxication.

鈥淚 think this was a young officer. I don鈥檛 think there was anything intentional on his part,鈥� Zebas said. 鈥淏ut that鈥檚 why we have the Safe Pursuit Act. In this case, it was not worth the pursuit.鈥� 

The  directs law enforcement officers to only able to engage in a pursuit if they have reasonable grounds to believe a person presents a clear and immediate threat to police or the community.

The chase continued until Underwood struck the back of Richard Duque鈥檚 vehicle on the side of the road.

The impact harmed Richard Duque and his granddaughter, causing the two to sustain 鈥渟evere debilitating injuries that required extensive medical care," the complaint states.

鈥淚 saw them from a distance and saw them getting closer so I told my wife I was going to pull over because I didn鈥檛 want to be in the middle of it,鈥� Richard Duque said in an interview with the Journal. 鈥淭he impact was so great I didn鈥檛 even know we got hit.鈥�

Underwood 鈥� who reportedly was not wearing a seatbelt at the time of the accident 鈥� died at the scene of the crash and 52-year-old Bernice Duque needed to be airlifted to the University Medical Center in Lubbock, Texas, after sustaining severe injuries. 

鈥淗owever, a series of blunders that occurred at Carlsbad Medical Center and while on the aircraft en route to Lubbock robbed Bernice of any chance of survival and she tragically passed on the way,鈥� states a wrongful death complaint filed in 1st Judicial District Court.

An obituary said Duque was a God-fearing woman who loved her family and enjoyed collecting Elvis Presley items. Her and Richard Duque鈥檚 relationship was described as a 鈥渇airytale love that everyone could see and feel,鈥� the obituary states. 

Medical malpractice allegations

Though the law enforcement portion of the lawsuit has been settled, litigation is still pending for medical malpractice allegations that Bernice Duque was not treated properly after the crash. 

Bernice Duque was taken to the Carlsbad Medical Center around 10:30 p.m. and medical staff noted that her blood pressure, heart rate and oxygen levels had deteriorated at a fast rate, the lawsuit states. 

Five minutes later, the University Medical Center in Lubbock was notified that Bernice Duque needed to be airlifted to the hospital for a higher level of care. Her flight was delayed after the crew realized they had left the battery of a machine behind and needed to go get it, the lawsuit alleges.

In the meantime, medical staff were tasked with transfusing blood to Bernice Duque. The lawsuit states that staff never made the transfusion. 

Around 12:40 a.m., she was moved to a gurney to be taken on to the aircraft. Because she had not been given a blood transfusion before, Dr. Chukweumeka Ezuma 鈥� another defendant in the lawsuit 鈥� ordered two units of universal donor blood to be delivered while on the plane, according to the lawsuit. 

Bernice Duque stabilized momentarily before her vitals plummeted. 

鈥淐rew members suspected anaphylaxis from the non-matched red blood cell transfusion,鈥� the lawsuit states. 

CPR was attempted on Bernice Duque before the aircraft pilot said the fuel light warning had turned on and the crew might have to prepare for an emergency landing.

鈥淭urbulence, limited space and the prospect of an emergency landing made it incredibly difficult to intubate Bernice when the decision to do so was made,鈥� the lawsuit alleges. 

Bernice Duque went into cardiac arrest and died shortly after landing at the hospital. 

鈥淭ime was of the essence,鈥� Zebas said. 鈥淲hen the flight crew got there, they asked the ER doctor if she was stable to fly. And the ER doctor said yes, but fly fast. All of that delayed the timing of emergent medical care.鈥�

The lawsuit is still pending litigation for all defendants in the medical field. Natalie Novak, a lawyer representing the Carlsbad Medical Center and its employees, said her clients deny all allegations raised against them. 

鈥淣o amount of money is actually going to make it feel right,鈥� said Richard Duque. 鈥淚t鈥檚 just a great, big loss. Everybody that knew her loved her. You could sense the beauty of her inside and out and you could feel the power of God in her.鈥�

Nakayla McClelland covers crime and breaking news. Reach her at nmcclelland@abqjournal.com or at 505-823-3857.