Wrongful death suit filed against county

A woman filed a wrongful death lawsuit against Quay County commissioners, alleging the sheriff and deputies failed to detain a Florida man who was visibly intoxicated by drugs and later caused a fatal traffic crash near Tijeras.

Sue Mullane of Albuquerque, representative of husband Patrick Mullane’s estate, filed the tort claim in Quay County District Court on Dec. 1. Patrick Mullane died after the traffic accident.

According to the lawsuit and other court documents, Brett Nelson of Lutz, Florida, was driving through Tucumcari on Oct. 6, 2021.

That morning, emergency dispatchers received a request for a welfare check on Nelson, who had left his car and was trying to climb over a freeway overpass bridge.

A deputy arrived minutes later and found Nelson on the ground with his shirt up. Nelson said he hadn’t slept in a long time and was “detoxing from all the pills the psychiatrists in Florida were feeding him,” the lawsuit stated, which added Nelson was visibly impaired.

“His mood fluctuated wildly between calm, agitated, crying, screaming, and resigned,” the claim stated. Nelson spoke of using illicit drugs such as opioids, fentanyl and crystal meth.

Sheriff Russell Shafer arrived a few minutes later. Citing video footage from Shafer’s lapel camera, Nelson’s belongings were strewn on the roadside and shoulder. The deputy told Shafer that Nelson said he had “minor schizophrenia” and other mental health issues. Nelson said he had been involuntarily committed several times, including a 10-day hold.

Shafer told Nelson “we are worried about your health and well-being that’s why we’re here” and asked him whether he was willing to stay at a Tucumcari motel. Nelson said he already had secured a room at a motel on Route 66.

After more questions, Shafer advised Nelson to gather his belongings and return to his motel room. Shafer instructed Nelson to follow him in his patrol vehicle back to his motel room “without regard to his sobriety.” After talking to Nelson a few more minutes at the motel, Shafer and several deputies left to attend to another call.

Nelson left the motel at an undetermined time and drove west. On the afternoon of Oct. 7, Nelson was driving erratically west on Interstate 40 east of Albuquerque at estimated speeds of 100 mph and higher.

Nelson’s vehicle near Tijeras struck the rear bumper of Mullane’s vehicle, which caused it to roll onto the driver’s side. Mullane was taken to UNM Hospital of trauma injuries, where he died a day later after life support was withdrawn.

Nelson, who was not injured, tried to run away after the crash, jumping over barriers and pulling off his pants and underwear. According to lapel camera video footage from Bernalillo County sheriff’s deputies, Nelson didn’t wear shoes and was yelling incoherently. Deputies also found several pill bottles in Nelson’s car, an empty syringe and a pipe with brown residue.

The lawsuit alleges negligence by the Quay County Sheriff’s Department, stating officers “knew or should have known that Brett Nelson was intoxicated and/or impaired because he was exhibiting extremely impaired thought process and judgment, thus was not able to operate a motor vehicle in a safe and lawful manner.”

The claim also states deputies didn’t administer field sobriety tests on Nelson and had probable cause to arrest him to keep him “from posing risk of harm to the driving public for some period of time.”

Nelson, 30, in June pleaded guilty to vehicular homicide in a plea deal with prosecutors and was sentenced to four years in prison.

The tort claim was filed by Albuquerque attorney Rachel Higgins and Maria Touchet of the Touchet Law Firm, also of Albuquerque, on behalf of the Mullane estate. The lawsuit requests a jury trial.

Logan attorney Warren Frost, who is the county’s legal counsel, declined to comment Friday about the lawsuit.