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Family of Victim Files Wrongful Death Suit Against Drunk Driver and Tavern that Allegedly Served Driver Alcohol

Amy Rothschild
Amy Rothschild
Contributor
Posted by Amy RothschildJanuary 14, 2008 9:20 AM

Relatives of a 44 year old Marvin Garcia have filed a wrongful death suit against Michah Henry, a military police officer accused of causing a crash that resulted in Mr. Garcia's death on New Year's Day. The lawsuit also names Maloney's Tavern, an Albuquerque bar that allegedly served alcohol to Mr. Henry that night. The lawsuit is seeking monetary damages and court costs.

Mr. Henry, the defendant, was driving a sports utility vehicle and allegedly ran a red light resulting in him crashing into a pickup truck that was being driven by the decedent. The decedent's girlfriend, 47-year-old Josephine Laweka, was also killed.

Toxicology reports indicate that at the time of the accident, Mr. Henry, the man who caused the accident, had a blood alcohol level of 0.16%, which is twice the legal limit of 0.08%. Mr. Henry is also facing two criminal counts of vehicular homocide.

For more information on this subject, please refer to the section on Wrongful Death.

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