ALBUQUERQUE, N.M. – From neighborhoods to freeways, it’s hard to feel safe on the streets when some drivers think our roads are their personal NASCAR circuit.

From a neighborhood where two people died nearly a year ago to Coors where a man died last spring.

“When they arrived, they found a pickup with its front tires sitting on top of a black sedan,” said a prosecutor. 

At 2:30 a.m. in the middle of Central Avenue near 47 Street just west of Atrisco. 

“Defendant’s cousin told police that defendant had gotten into a race with a white pickup and then lost control, veered into westbound traffic, or oncoming traffic, and hit the sedan,” the prosecutor said. 

The victim in the sedan died at the scene. The defendant is 28-year-old Edgar Silva. He’s charged with homicide by vehicle and reckless driving.

“Of course, this is a very violent offense, one might say horrific,” said the prosecutor.

The state asked to keep him in jail until trial, saying he’s a danger to the community. 

“Authorities have made clear to society that there is no street racing allowed, authorities have made clear to society and common sense makes clear there’s no driving in oncoming lanes, defendant did all of that,” said the prosecutor. 

Silva’s attorney argued he’s no longer a danger because of his injuries from the crash. He has internal injuries and is in a wheelchair, meaning he can’t drive. 

“There’s all kinds of conditions that can be set. And I understand the state’s argument and I understand that, you know, this is a serious situation. However, again, I think we have to balance what my client is physically able to do,” said the defense. 

Silva’s record shows a few speeding-related charges and a DWI in 2017. Paired with the new evidence, the judge agreed Silva poses a threat. 

“A crash which resulted in the death of another human being, I would agree, is about as dangerous as cases can be, and the court takes the allegations extremely seriously,” said Judge Courtney Weaks. “Certainly, the court is concerned about the defendant’s the danger to other people in the community if, in fact, he were to be able to operate the motor vehicles based on the allegation of reckless driving.”

But the judge found that could be addressed through conditions of release. No crimes or dangerous weapons, no alcohol or other drugs, and most importantly, no driving. 

The judge added zero-tolerance for any violation of that condition.