John Bear

No criminal charges have been filed in the case of motorist who allegedly struck and killed an infant last month, but the family of the victim has filed a wrongful death lawsuit against the driver.

Michelle and Guy Stafford have filed a civil suit against Charles R. Sieber, 89, alleging wrongful death and negligence on behalf of their son, 2-month-old Sebastian Stafford.

Sebastian died at an Albuquerque hospital on July 10 after being struck by a car as he walked with his mother Michelle Stafford, 31, on Otero Road in Tomé. Stafford's two older children, a 4-year-old girl and an almost 2-year-old boy, were walking with her. Neither of them was injured. A friend, and her 4-year-old son, were also walking with her.

Valencia County Sheriff's Deputy Chris Trujillo said doctors pronounced Sebastian dead at the University of New Mexico hospital that same day just after 3:30 p.m. He suffered head injuries in the collision. His mother injured her head, shoulders and back.

The lawsuit alleges Sieber drove in a negligent manner that effected the death of Sebastian Sieber. It alleges that Sieber operated his vehicle in violation of numerous ordinances and statutes, including driving with an expired license, driver inattention, speeding, reckless driving and vehicular homicide. The plaintiffs allege that Sieber's actions were reckless, wanton, negligent and in "utter disregard for the safety of himself, the plaintiffs, other pedestrians and other motorists on the roadway."

The Staffords also allege negligent infliction of emotional distress, because Michelle Stafford saw her son lying with grievous injuries on the road following the accident, and her other children saw their mother and brother injured and in extreme pain. The lawsuit states that Michelle and Guy Stafford saw their son suffer extreme pain at the hospital, and Michelle held her son as he died.

The lawsuit alleges that Sieber's actions have caused the Staffords loss of consortium; specifically, Guy Stafford has lost society, companionship and the services of his wife and both Staffords have lost society and companionship of their son.

The Staffords seek unspecified damages.

Witness Christina Hoffstutler, and her 4-year-old son, were with the family on what has become almost a daily event. She is Stafford's neighbor and long time friend.

"We usually walk down Otero or Lemons," Hoffstutler told the News-Bulletin after the accident. "We are always watching for people coming."

Hoffstutler said the group was walking down the road as close to the edge as they could get. Otero Road does not have a shoulder.

"A truck passed us going the other way (west)," Hoffstutler said. "I was pushing her 2 year old (in a stroller). The older kids were between me on the edge of the road, and Michelle was to the outside." Hoffstutler said Stafford was carrying her baby in a pack-type carrier on her chest.

After the truck passed, Hoffstutler said that she saw a car go "flying by," then heard a thump.

"Michelle went up over the hood, into the windshield, onto the roof and landed on the ground," Hoffstutler said.

"I went to pick up the baby; he was about 10 feet away.

"The man (Sieber) got out of the car, and he seemed confused," she said. "The carrier was up over her (Stafford's) face, and I asked him to move it so she could breathe."

Holding the bleeding infant, Hoffstutler called 911. The driver of the truck that had passed the walkers earlier came back and watched the children, and a nearby neighbor brought out a blanket, she said.

"He didn't talk to me the whole time," Hoffstutler said of the Sieber.

Valencia County Sheriff's Deputy Joe Martinez responded to the accident.

"He said he didn't see them," Martinez said of Sieber. "He was driving with an expired license."

Valencia County District Attorney Lemuel Martinez said the case has been presented to his office, and a determination will be made as whether to proceed to grand jury or preliminary hearing.

As of this week, the case was still under review.