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Charges possible in semitruck crash that killed BCSO sergeant

Rio Rancho police have found probable cause against driver whose vehicle struck Sgt. Michael Schlattman in February

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The Rio Rancho Police Department announced that the driver of a tractor-trailer that struck and killed a sergeant with the Bernalillo County Sheriff's Office in February may face charges.

In a Wednesday news release, RRPD said investigators have developed probable cause against Miguel Orlando Perez for charges of careless driving and failure to yield to an emergency vehicle after his semi crashed into 52-year-old Sgt. Michael Schlattman.

Both charges are misdemeanors, and final charging decisions will be made by the Bernalillo County District Attorney鈥檚 Office, according to a news release from Jayme Gonzales, spokesperson for BCSO.

The DA鈥檚 Office received the case Wednesday morning and will release any findings after a review has been completed, Bernalillo County DA Sam Bregman said.

鈥淚t takes some time because we want to do a thorough job,鈥 he told the Journal. 鈥淚 can tell you that we will review every bit of the investigation thoroughly and make a determination if there was a crime committed.鈥

Bregman said his office could file any charges that are relevant to the allegations, though he is not sure which charges would apply, if any.

On April 27, Schlattman鈥檚 family filed a petition to appoint a personal representative for a wrongful death lawsuit in 1st Judicial District Court. 

鈥淧etitioner intends to pursue an action for wrongful death damages鈥 against persons and entities that may be responsible for Sgt. Schlattman鈥檚 death,鈥 the petition states.

An initial traffic report from RRPD stated that Orlando Perez 鈥 who is in his late 50s and holds a valid Florida commercial driver鈥檚 license 鈥 initiated the collision.

Police said apparent contributing factors to the crash included the semi-driver's failure to yield to police vehicles, the position of the patrol vehicle and 鈥渓ow visibility due to glare."

The report stated that Orlando Perez had not consumed alcohol and road conditions were dry and clear the day of the crash. RRPD investigators said the semi was driving at approximately 64 mph at the time of the impact.

鈥淭he investigation also found no brakes were applied prior to the collision, and no mechanical issues with the semitruck or the patrol unit,鈥 RRPD wrote in a news release.

An investigation from RRPD found that, around 5 p.m., Schlattman initiated a traffic stop on a vehicle traveling east on Interstate 40 near Carnuel when Orlando Perez鈥檚 semi struck the back of Schlattman鈥檚 patrol unit, Gonzales said.

The impact of the collision pushed the vehicle into Schlattman, fatally injuring him after he was pinned underneath it. He was the first officer killed in the line of duty in New Mexico this year.

BCSO stressed the importance of New Mexico鈥檚 Move Over Law and urged drivers to slow down, move over and give first responders the space they need to do their jobs safely. Gonzales said if a driver is stopped by law enforcement, pull over as far to the right as safely possible.

鈥淢ichael Schlattman was a respected leader, a dedicated sergeant, and a man who gave his life in service to this community,鈥 said Sheriff John Allen. 鈥淲hile no investigation can ever undo this loss, we remain committed to honoring Sgt. Schlattman鈥檚 memory and seeing this process through.鈥

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