BY MAIRE O’NEILL
maire@losalamosreporter.com

Why is the criminal case still not finalized that involves Nadia Lopez, the driver of the vehicle that on September 6, 2024, struck the vehicle driven by former Los Alamos National Laboratory director Charles McMillan, tragically resulting in his death?

Lopez was charged in June 2025 in Los Alamos Magistrate Court, several months after the crash, with speeding (over by 11-15 mph), careless driving (full time and attention) and failure to maintain traffic lane. She pleaded not guilty to all three charges.

The 293-page Los Alamos Police Department report and witness accounts indicate that Charles McMillan and his wife, Janet, were leaving Los Alamos, driving on East Road 543 feet west of Camino Entrada shortly after 5:15 a.m. Friday, September 6, 2024. Lopez was driving towards Los Alamos when her vehicle suddenly swerved into the oncoming lane and crashed into the McMillans’ vehicle.

On July 31, 2025, the three Magistrate Court charges were dismissed and then refiled in Los Alamos Municipal Court where they are still pending. On August 1, LAPD Cmdr. Chris Ross announced in a news release that the Los Alamos Police Department dismissed, without prejudice, all charges against Lopez in Los Alamos Magistrate Court. He said the charges had since been refiled in Los Alamos Municipal Court.

“This procedural decision was made to enable the department to have consistent legal representation throughout the judicial process,” he said.

Once the case went to Municipal Court, things slowed down. Dorie Biagianti Smith, a prosecutor under contract to the County for criminal cases took over. In this case, Biagianti Smith serves as counsel for LAPD, prosecuting on their behalf. Since then pre-trial conferences have been placed on the docket for October, November and December 2025 as well as January, February and twice in March 2026. Each time, Biagianti Smith or Lopez’s attorney Bill Snowden have asked for a continuance, it has been granted by Municipal Judge Elizabeth Allen.

It is commonly held that defense attorneys believe that delays allow cases to weaken over time, which is why they don’t object much to continuances. Usually pre-trial conferences are held to allow the prosecutor and the defense attorney to sit down and discuss whether a case is going to go to trial or, instead, if it can be resolved through a plea bargain. It is not known why this case is not moving along faster after close to 19 months. It is expected that the case will again be on the Municipal Court calendar at the end of April.

The Reporter is looking into the consequences that have been faced or not faced by drivers who were found to be at fault in fatal crashes in Los Alamos County in the last 10 years.

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First Judicial District Attorney’s Office said this week that there was “insufficient evidence to support a felony charge of vehicular homicide by reckless driving” against Nadia Lopez, 22, the driver involved in the September 9, 2024 crash that resulted in the death of Charles McMillan. The Los Alamos Reporter published details earlier this week of the three petty misdemeanor charges filed by Los Alamos Police Department June 9 against Lopez.

LAPD Sgt. Eric Wilhoit who leads the Department’s Crash Team, completed a 293-page report on the crash and Lopez was charged with Lopez is charged with speeding (over by 11-15 mph), careless driving (full time and attention) and failure to maintain traffic lane. She has pleaded not guilty to all three charges.

The Reporter reached out to LAPD PIO Cmdr. Chris Ross asking why Lopez was not charged with vehicular manslaughter and which law is used in fatal crash situations.

“Following the conclusion of the investigation and in consultation with our legal representation, we filed charges that could be supported by probable cause”, Ross said.

Community members have told the Reporter that they are disappointed that the DA’s office did not move forward with the felony charge. It should be noted that there have been multiple fatal crashes in the County over the last few years but no vehicular manslaughter charges have been filed.

The Reporter reached out to Catherine Lynch, the public information officer for the District Attorney’s Office to ask who made the decision not to pursue more serious charges in this case, what definition of vehicular manslaughter was used to determine whether or not a vehicular should apply in this case and when the DA’s office made the decision on the charges.

Lynch responded that it is the responsibility of the investigating agency, LAPD, to determine whether there is sufficient probable cause to charge a particular crime.

“LAPD did not submit a case with a finding of probable cause, yet the FJDA reviewed the case file to determine whether the evidence supported a felony offense for vehicular homicide (reckless driving) pursuant to § 66-8-101 and 66-8-113,” Lynch said. “It is the position of the FJDA there is insufficient evidence to support a felony charge of vehicular homicide by reckless driving as defined by applicable law.”

The laws mentioned above are:

https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-8-101/
https://law.justia.com/codes/new-mexico/chapter-66/article-8/part-2/section-66-8-113/

Lopez is slated to appear in Los Alamos Magistrate Court Aug. 5 before Judge Delilah Montano Baca. Cmdr. Ross told the Reporter Thursday, that Sgt. Wilhoit is currently handling the case and that if that changes, the Assistant District Attorney, Elizabeth Counce, will file paperwork. Judge Catherine Taylor has been excused in the case. Lopez is represented by Los Alamos attorney Bill Snowden.

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Charges Dismissed and Refiled Against Nadia Lopez

On July 31, 2025, the Los Alamos Police Department dismissed, without prejudice, all charges
against defendant Nadia Lopez in Los Alamos Magistrate Court. The charges have since been
refiled in Los Alamos Municipal Court. This procedural decision was made to enable the
department to have consistent legal representation throughout the judicial process.