Charges of vehicular homicide, driving under the influence of alcohol, reckless driving, speeding and having an open container of alcohol were filed against Colin Weber, 20, of Sandia Park on March 2 in Torrance County Magistrate Court. Weber has not been booked into jail on the charges because he is under the care of University of New Mexico Hospital recovering from injuries suffered in the crash.

According to Torrance County Undersheriff Patrick Ness, Weber was the driver of a car heading toward Estancia on N.M. 41 late Feb. 27 when he lost control of the vehicle, causing it to flip several times and come to a rest in a field near the highway. A passenger in the vehicle, John Weitz, was thrown from the vehicle as it flipped. The vehicle came to rest on Weitz, who died soon after paramedics arrived.

A warrant for Weber's arrest was issued soon after the charges were filed, Ness said, because investigators discovered Weber had been discharged from the hospital. But Ness said Tuesday that Weber had been readmitted to the hospital to undergo surgery. Sam Giammo, UNMH spokesman, confirmed that Weber was a patient at the hospital.

Giammo said the hospital has a long history of working with law enforcement to assure that patients suspected of crimes are not released without officers being notified.

"We work with them in any way we can," Giammo said.

He said he didn't know if Torrance County deputies had talked with hospital personnel about Weber.

Ness said the sheriff's department did ask to be contacted if Weber was released, but was not. However, he said deputies had talked to Weber's mother and were not concerned he would leave the state.

"We have been unable to interview Mr. Weber because of his injuries," Ness said. "But we have talked to his mother, who says that he wishes to do the right thing."

Ness said that investigators believe Weber had been drinking prior to the crash because alcohol was present in the vehicle and he had alcohol on his breath. Due to Weber's injuries, however, a Breathalyzer test could not be taken. Deputies were able to get a blood sample from Weber, which Ness said will take several weeks to be analyzed. He said investigators don't believe Weitz had been drinking.

Because of patient confidentiality, Giammo said he could not release any information on Weber's condition or the extent of his injuries.