An illegal immigrant from Mexico is on trial for second-degree murder

Ken Little:

A series of prosecution witnesses Tuesday at the Columbus County Superior Court trial of Jose Jesus Garcia Lopez cast doubt on the defense contention that the defendant was not the driver who struck a Tabor City woman's car, killing her.

The Dec. 19, 2004, crash on N.C. 904 took the life of Natalie Housand, 20. Lopez, 34, is charged with second-degree murder, assault with a deadly weapon and other felonies in connection with the collision.

Trial testimony showed that Lopez fled into nearby woods, emerging about 90 minutes later. Defense lawyer Scott C. Dorman told jurors Monday during his opening statement that Lopez's brother was actually the driver.

No prosecution witnesses placed the brother at the crash scene. Dorman said that Lopez, a Mexican national in the U.S. illegally, was so drunk he does not remember anything about the crash and will testify to that effect.

State Trooper Ronald Hester testified he interviewed Lopez after he was taken to Columbus Regional Health Care Systems, a hospital in Whiteville.

"I lose control," Hester said Lopez told him in broken English. Lopez admitted driving the Jeep sport utility vehicle, he said.

The SUV was legally registered to Lopez, who was living in Nakina and had a valid North Carolina driver's license.

While Lopez appeared to have consumed alcohol, he was still able to respond to questions and give appropriate answers, Hester told Assistant District Attorney Chris Gentry.

Blood tests taken about four hours after the crash showed Lopez had a blood alcohol content of 0.12 percent, indicating his BAC was about 0.16 percent when the wreck happened. The legal alcohol limit for drivers in the state is 0.08 percent.

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