Elephant Butte (Photo by SouthwestUSA/flickr.com)

Did Gov. Bill Richardson’s chief of staff, Brian Condit, violate state law when he joined the governor and others in leaving the scene of a Saturday boating accident he caused?

That’s the question asked today in an article by the New Mexico Independent’s Trip Jennings.

From the Independent:

“The same state law that allows an operator of a boat to wait two days after an accident before contacting authorities, as Condit did, also says that the operator of a boat must take certain steps. One is to render assistance to individuals affected by a collision or accident. The other is to give his or her ‘name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.’”

Jodi McGinnis Porter, spokeswoman for the state Energy, Minerals and Natural Resources Department, was quoted by the Independent as saying there were two co-operators of the boat in the eyes of investigating officers: Condit, who was driving the boat, and Leon Fay, the owner of the boat, who took the helm at the last moment to try to stop the crash.

Fay stuck around after the Saturday crash at Elephant Butte. Porter said he met the requirements of the law.

Others disagree and say Condit should have also stuck around. Jennings quoted state Rep. Antonio “Moe” Maestas, D-Albuquerque and an attorney, as saying he reads the law to say that both should have stuck around to render aid and provide contact information to others involved.

And Doña Ana County District Attorney Susana Martinez, also a Republican candidate for governor, released this statement:

“The law requires that ‘the operator of a vessel involved in a collision, accident… shall give his name, address, and identification of his vessel, in writing, to any person injured and to the owner of any property damaged in the collision.’ From the current media reports, it is not clear that Governor Bill Richardson’s chief-of-staff complied with the law.”

Some say law needs changed

On Thursday evening, the Independent published another article by Jennings quoting Sen. Carlos Cisneros, D-Questa, as saying he supported changing the statute that allowed Condit to wait two days to contact police about the accident.

“If you are involved in automobile accident, clearly the law mandates that you should not leave the scene of the accident,” the Independent quoted Cisneros as saying. “I think it is imperative that individuals report immediately, not one or two days afterward.”

Martinez agreed.

“This incident… raises the bigger issue of how boating crashes are handled under current law,” she said. “The Legislature should seriously consider strengthening the boating laws to close any loopholes that allow operators to leave the scene of a crash before law enforcement is contacted, arrives and investigates. Investigations into boating crashes should not be handled any less seriously than those involving motor vehicles.”

Jennings’ stellar reporting on the boat crash began Wednesday, when he authored an article quoting a witness to the boating crash as saying that Richardson, Condit, budget secretary Katherine Miller and security officers were gone within minutes of the crash and before officers arrived on scene.

“It was like they tucked their heads and said see ya,” Carl Shaw, Jr. was quoted by the Independent as saying. “That’s the question, why?”

By way of disclosure, I work with Jennings at the Independent.