By Associated Press - Friday, May 2, 2014

LAS CRUCES, N.M. (AP) - A prosecutor says a Dona Ana County sheriff’s deputy will be prosecuted in the death of a pedestrian but not on the vehicular homicide charge recommended by New Mexico State Police.

State police had filed a criminal complaint accusing Deputy Eden Terrazas of vehicular homicide in the April 1 death of 44-year-old Mesquite resident Natividad Nunez. The deputy’s cruiser hit Nunez as the deputy responded to an emergency call.

District Attorney Mark D’Antonio says the deputy can’t be charged with vehicular homicide because there’s no proof of the required intentional disregard for the safety of others.

D’Antonio says the deputy instead will be prosecuted on lesser included offenses. His spokeswoman says those charges are careless driving and one involving the requirement to use a seat belt.

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