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Wednesday, February 26, 2014 - 7:51pm
LAS CRUCES, N.M. — A jury convicted Annette Fuschini Wednesday afternoon of involuntary manslaughter and aggravated DWI after running over and killing her boyfriend in June of 2013 after the two had an argument.
The prosecution and the family of the victim, Carlos Nevarez III, were hoping for a first degree murder conviction.
"I'm deeply disappointed in the verdict," said District Attorney Mark D'Antonio.
Fuschini and Nevarez III, a volunteer firefighter and Marine, had been drinking at a friends house in June of 2013, according to court records.
The documents stated Nevarez III had jumped out of a vehicle driven by Fuschini after the two had an argument and was walking on the sidewalk when she jumped the curb and ran over her fiance.
"I thought the issue was clear well presented and our lay witnesses were spectacular," said D'Antonio of how the trial progressed.
D'Antonio said Fuschini will only face a maximum of three and a years on her convictions.
After the conviction Nevarez III's father said he was not surprised by the verdict but disappointed.
He said the conviction brought him little comfort.
"The only peace I could have gotten was for this thing not to have happened," said Carlos Nevarez Jr.
Nevarez Jr. said the prosecution was unprepared with the case going to trial only eight months after the crime was committed.
"I don't want to criticize them but personally from my experience they weren't ready," Nevarez Jr. said. "They weren't ready."
D'Antonio said taking the case to trial that quickly is a benefit to the defendant and the victims' families so the issue can be resolved and possibly provide closure.
Sentencing was postponed until Tuesday at 3:30 p.m. due to issues with legal records.