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FRI: Report shows APD way behind in investigating ‘use of force,' + More

Albuquerque police officers used tear gas, flash bangs, and non-lethal rounds on protesters on Monday, June 15, 2020.
Hannah Colton
/
KUNM
Albuquerque police officers used tear gas, flash bangs, and non-lethal rounds on protesters on Monday, June 15, 2020.

APD way behind in investigating ‘use of force,’ including SWAT scenes, monitor’s report shows – By Shaun Griswold, Source New Mexico

As advocates in the city continue to call for justice after a SWAT standoff last week resulted in a boy’s death, the Albuquerque Police Department is facing a huge backlog of investigations into officers using force and violence, according to a federal monitor overseeing police reform.

“Use of force” as the monitor defines it can include anything from officers taking someone down during an arrest to launching tear gas, as police did with demonstrators in 2020 or at the home in the International District last week. Dating back to early 2020, hundreds of cases where APD rolled out SWAT or used physical force haven’t yet been reviewed, the monitor’s May report states.

“These numbers indicate the next great crisis confronting APD: Use-of-force rates by APD personnel are so high that existing oversight systems will be unable to keep up with required oversight,” the report states. The previous report in November said the same thing, and it was still true 6 months later, independent monitor James Ginger wrote.

As a result, the federally mandated Use of Force Report from 2020 is still not finalized, still in the preliminary stage and “remains in question” by the U.S. Department of Justice.

No info is available to show instances of force and violence from 2021 and this year.

The annual report is required each year as part of the Court Approved Settlement Agreement the city entered with the DOJ in 2014 after a federal review determined that a “significant amount of deadly and less lethal force was excessive and constituted an ongoing risk to the public.”

According to the consent decree, the annual Use of Force Reports should show the number of SWAT deployments, as well as the number of people injured during arrest and the amount of people who require hospital care, among other things.

Since 2016, the city has posted annual reports on its website that document police callouts resulting in anything from minor injuries like bruises, to hospitalization and even death.

The reports also give insight into what parts of the city police injure people — including where SWAT is often activated.

According to the data in the preliminary 2020 report, the southeast part of the city that includes the International District has the most cases, including 141 instances where police officers used what they call level 2 force. This means injuries caused by officers shooting beanbag shotguns or pepper spray. Direct physical contact like leg sweeps and kicks as people are arrested are rolled into this category, too.

This makes up 50% of all the incidents across Albuquerque, according to the data set that the police department has worked through. The majority of cases that are not finalized are described as level 2.

When taken up a notch — level 3 is described as actions that result in, “or could reasonably result in, serious physical injury, hospitalization or death” — APD reports 141 actions citywide.

The southeast area of the city is also leading in that category with 33.

Of course, this information is incomplete and that number could be even higher. Although the city does argue that overall use-of-force reports dropped since 2016, the monitor is concerned that the pattern of spotty reporting is common with APD.

“There have been instances in which APD personnel failed to report or investigate properly uses of force, which obviously impacted data integrity in the Use of Force Annual Reports,” Ginger wrote in the most recent report published May 11, 2022.

Until the city works through its backlog and finalizes its information, the Department of Justice considers APD to not be in compliance with this court-ordered requirement.

It’s unclear at this time when APD expects to fulfill that obligation or how much of the backlog it has investigated since May.

In 2021, the city and monitor agreed to contract with an outside group known as the External Force Investigative Team to help work through the case backlog. The group is composed of three teams of investigators and three administrators who are supposed to interview officers and command personnel at the onset of a review. They meet with city officials and police department heads, including Internal Affairs, at least once a week, according to Ginger.

He said investigations are steadily improving, and the arrangement has created better conversations to streamline the amount of time it takes to complete reviews.

But he worries that gains could be slow due to a lack of staffing and “cultural obstacles that persist” within APD.

This concern stems in part from the forecast about what happens when the External Force Investigative Team leaves the assignment and hands the keys back to APD’s Internal Affairs Division.

Ginger said the external team “creates a (temporary) environment of stringent accountability” that must be adopted when APD is back in the driver’s seat on their use-of-force investigations. And that, as always, starts at the top, as the external team tells the DOJ monitor, “basic supervision and command-level oversight needs to improve. Also, a general lack of urgency to complete tasks and implement measures that will benefit (Internal Affairs) is still prevalent.”

New Mexico, 'Stranger Things' backdrop, hits production peak — Morgan Lee, Associated Press

New Mexico's film and TV industry has hit a new peak, with record spending by video production companies in a state that drew projects including the Netflix series "Stranger Things."

Production companies directly spent a record $855 million on films, TV series and other media in the fiscal year that ended on June 30, New Mexico's governor announced Thursday. Industry executives have been attracted to New Mexico's unique landscapes since the success of AMC's long-running series "Breaking Bad" and a generous increase of incentives passed by state lawmakers in 2019.

In-state spending by the industry increased about 36% from nearly $627 million the previous fiscal year.

Gov. Michelle Lujan Grisham, a first-term Democrat running for reelection, also touted an increase in spending beyond major cities such as Santa Fe and Albuquerque, fueled by expanded state incentives for rural and small-town film production.

Local production spending in those outlying areas jumped more than six-fold to $49.5 million amid an industry rebound, state economic development officials told a legislative panel gathered in Las Vegas, New Mexico.

It was unclear how much the state will eventually spend on corresponding film incentive payments. New Mexico offers a rebate of between 25% and 35% of in-state spending for video production that helps filmmakers large and small underwrite their work.

Incentive payments crested at $148 million in 2019 before falling to about $40 million for the year ending in June 2021. While the state general fund is awash in income linked to federal pandemic aid along with a surge in oil and natural gas prices and production, some lawmakers have criticized the rebates as being too costly.

State economic development officials say conversations are underway with lawmakers to revisit terms of the state film tax rebate program when the Legislature meets again in January 2023, possibly redrawing the boundaries for bonuses in rural areas and exploring new incentives linked to lower emissions of climate-warming pollution by the energy-intensive industry.

Fiscally conservative legislators have questioned for years whether New Mexico may be spending too much on the film industry in comparison with the employment it sustains. But Lujan Grisham pointed to state data that showed an increase in the number of industry worker hours and new highs for the number of film and television productions overall at nearly 110 for the year.

"Due to the work we've done to foster a successful environment for production and build a thriving base of talented local crews, film and television productions from around the world are putting money directly into New Mexico communities, supporting our small businesses and creating jobs for thousands of New Mexicans," Lujan Grisham said in a statement.

After the success of "Breaking Bad" and spinoff "Better Call Saul," other notable recent productions in New Mexico include portions the fourth season of the Netflix series "Stranger Things" and AMC's "Dark Winds," based on the the mystery book series from Tony Hillerman and daughter Anne Hillerman.

Both Netflix and NBCUniversal have set up permanent production hubs in Albuquerque in recent years, adding to millions of dollars in investments and promises of more jobs.

Legislative reforms in 2019 opened up greater incentives to film production companies that demonstrate long-term commitments to New Mexico through a 10-year contract on a qualified production facility. Netflix and NBCUniversal have secured that "film partner" status that lifts the cap on annual production rebates.

Spending by the industry had been trending upward before the pandemic brought a halt to work due to public health mandates and industry protocols, resulting in a precipitous drop in 2020. As restrictions were eased, spending rebounded in 2021 as work ramped up.

Record-setting activity took place amid allegations of workplace safety violations on the set of "Rust," where actor and producer Alec Baldwin fatally shot a cinematographer in October 2021. No criminal charges have been filed in the case and Baldwin has denied wrongdoing.

Rust Movie Productions is challenging the basis of a $137,000 fine against the company by state occupational safety regulators who say production managers on the set of the Western film failed to follow standard industry protocols for firearms safety.

The Legislature this year allocated $40 million to help establish a collaborative media academy to bolster training for the industry. Economic Development Secretary Alicia Keyes said the headquarters of the academy will be located in Albuquerque.

Republican-led counties urge election reform in New Mexico - Associated Press

County boards led by Republicans are urging New Mexico legislators to require photo identification at polling locations, approve new procedures for purging voter registration rolls and prohibit the use of ballot drop boxes that aren't supervised directly by people.

The Otero County commission in southern New Mexico on Thursday endorsed a resolution on a 3-0 vote that advocates for changes to the state election code.

Sandoval County commissioners approved a nearly identical resolution in June after an outpouring of public anger over election procedures in the state's June 7 primary.

Residents of both counties have questioned the accuracy of election results and given voice to unfounded conspiracy theories about voting systems that have rippled across the country since former President Donald Trump lost re-election in 2020.

Otero County's three county commissioners initially refused to certify the results of the June 7 primary election while expressing general concerns about vote-counting machines. The board relented on a 2-1 vote under pressure from the state Supreme Court and the attorney general.

Cowboys for Trump cofounder Couy Griffin on Thursday unsuccessfully sought approval of a more aggressive resolution that threatened to refuse certification in the November general election if state lawmakers didn't allow ballots to be counted by hand. Commissioners Gerald Matherly and Vickie Marquardt voted against that approach.

Otero County commission meetings have become a frequent forum for a local review of the 2020 election by David Clements, a lawyer who has gained prominence in conservative circles, as he raises conspiracy theories and false claims about the last presidential election.

The Legislature's next regularly scheduled session starts in January 2023. A variety of election reforms stalled in the Democratic-led legislature earlier this year.

State to hire two uranium mine officials, a first step in cleanup effort – By Patrick Lohmann, Source New Mexico

Two state agencies will soon hire uranium mine reclamation coordinators, part of the state’s new effort to reinvigorate the cleanup of hundreds of abandoned mines that continue to poison residents here.

This legislative session, lawmakers passed a bill that puts the state in the driver’s seat of an effort to wrangle the many different groups and governments with a stake in the mine cleanup. The measure also paid for two positions to get that effort going, with the hope that the federal government will ultimately step in and pay up going forward.

One of the new jobs will be advertised in early August and will pay between $67,000 and $108,000. The other job will be advertised sometime this fall and will pay between $58,000 and $97,000.

The law aims to mobilize state agencies to organize, prepare and document remediation of an estimated 1,100 uranium mine and mill sites in New Mexico. About 500 of them are on or near the Navajo Nation.

On Monday, Susan Gordon, director of the Multicultural Alliance for a Safe Environment, told an interim legislative committee in Vanderwagen, N.M., that if done right, uranium cleanup could become a major industry. A $1 billion settlement for cleanup currently controlled by the EPA, for example, could create 1,040 jobs for 10 years at an average salary of $54,663 a year.

Gordon said she spoke with state agencies ahead of her presentation, and they were ready to get started.

“Both agencies are really excited about having additional staff,” she said. “They both said to me, it’s long overdue. They’re ready to go as quickly as they can with it.”

One of the people hired will be tasked with coordinating uranium mine reclamation with other state and federal agencies and tribes, nations and pueblos, according to a spokesperson for the New Mexico Environment Department. That official will also be in charge of strategic planning, data management and other responsibilities.

The second hiree will take on a “highly technical” job that entails supporting cleanup and enforcement of mine remediation, the spokesperson said.

The state is vastly underfunded to actually clean up the mines, lawmakers and others have acknowledged. A study from the University of New Mexico’s Bureau of Business and Economic Research said a full remediation could be a problem of potentially “infinite scope and cost.”

A 100-mile band between Albuquerque and Gallup produced more uranium for the nation’s defense needs than any other area in the country between the 1940s and 1980s. The state produced more than 163,000 tons of uranium ore in that period, according to a report by New Mexico Tech.

When demand for uranium dropped, mining companies left, and they left a mess. The remnants are today contaminating soil and drinking water for neighbors of the abandoned mines and mills.

An ongoing study on the Navajo Nation of pregnant women and their kids beginning in 2010 found elevated levels of uranium and arsenic in infants, and it found a high prevalence of language disorders in children.

Uranium contamination is also linked with cancer, kidney failure and other health complications. In December 2021, researchers released a new paper based on the ongoing study that found that negative health effects from maternal exposure to metals like uranium, arsenic and lead can start as early as ages 10 to 13 months.

The federal government, which was the biggest customer for the radioactive material, will need to fund the full cleanup effort, Gordon said.

“The state of New Mexico needs to be much better coordinated and reach out and be responsible for their piece of it,” Gordon said. “But, you know, the money issue – and we’re talking billions – is still out there.”

Monkeypox vaccine arrives in New Mexico — KUNM News

After announcing New Mexico’s first probable case of monkeypox Monday, Acting Health Secretary David Scrase said in a news conference Thursday that he believes there are now four confirmed cases.

Scrase says New Mexico didn’t have any doses of the existing monkeypox vaccine prior to the virus arriving in the state, but now has 362 doses.

“It’s a two-vaccine series,” he said. “So that’ll cover 181 patients who are basically the contacts of the people who’ve acquired monkeypox. We will be getting a lot more in the coming weeks and particularly next month.”

Scrase says the department of health is also working with the CDC to secure doses of a medication that exists for both monkeypox and smallpox for those who’ve tested positive.

He says two of the four New Mexico patients have chosen to accept treatment, one has deferred and one is still thinking about it.

State Rep. Debbie Armstrong resigns from New Mexico House — Associated press

New Mexico State Rep. Debbie Armstrong announced Thursday that she will be stepping down from her legislative seat before the end of her term so she can focus on providing care for a family member.

The Albuquerque Democrat said her resignation would be effective Friday, meaning the Bernalillo County Commission will have to appoint a replacement until a successor is elected. Armstrong had announced last year that she would not seek reelection, leaving open the Albuquerque district she has represented since 2014.

Armstrong has played a key role in legislation aimed at expanding and improving access to health care. That included legislation clearing the way for recreational cannabis use, the repeal of New Mexico's long-dormant abortion ban and a measure that provided end-of-life options for terminally ill patients.

She served as chair of the House Health and Human Services Committee and was a member of the Judiciary Committee.

"We've made incredible progress over the past eight years," Armstrong said in a statement. "Thank you to my supporters and colleagues across the Roundhouse who helped make these victories for the people of our state possible."

Democratic Gov. Michelle Lujan Grisham, who co-founded a company with Armstrong that helped manage a health insurance program, called the lawmaker a friend and a fierce, dedicated champion.

Competing for the open legislative seat in the November general election will be Democrat Cynthia Borrego, a former Albuquerque city councilor, and Republican Ellis McMath, a retired air traffic controller.

NM suffers service industry worker shortage, but positions lack pay, protection and benefits – By Megan Gleason, Source New Mexico

New Mexico is in dire need of more service workers, but the state hasn’t changed the industry’s low pay or minimal benefits that makes the job unsustainable for many. Instead, the Department of Workforce Solutions is focused on finding young adults to fill the roles that are being abandoned in favor of better paying positions.

Only a little more than half of New Mexico’s workforce is active, making its labor force participation rate just 56.9% in May, according to data from the U.S. Bureau of Labor Statistics. This is lower than almost all of the other states in the country. New Mexico has been on a gradual decline for the past few decades and is still recovering from the severe drop caused by the pandemic in 2020.

Ricky Serna is acting secretary of the Department of Workforce Solutions until Monday, when he becomes the N.M. Transportation Department leader. He said there are a number of reasons for New Mexico’s low labor force percentage rate, including competitive wages elsewhere, ongoing COVID concerns, the ability and preference to work remotely, and limited child care access.

Vince Alvarado, president of New Mexico Federation of Labor, said the labor shortage not just in New Mexico but nationally and stems from states not paying workers enough.

Four key industries — service, teaching, nursing and social work — are facing worker shortages, according to the Legislative Finance Committee’s third quarter performance report card for the state. And though in 2021 the Legislature allocated hundreds of millions of dollars to draw people to the latter three professions, little has been done to boost low service industry wages.

A concentration of accommodation and food service jobs can be both good and bad for labor force rate, according to April’s Labor Market Review from DWS. Jobs in service industries can deter applicants because they offer lower pay and can require less skill and education, according to the review’s author, Rachel Moskowitz, the Economic Research and Analysis bureau chief.

But, she continues, some researchers argue low wages can actually boost the labor force participation rate because “more people in the household are now required to work in order to meet household needs.”

Daryl Wagmen has been working as a server and bartender at Outback Steakhouse on and off since 1999, a supplemental income to his salary as an international English teacher. With this line of thinking, Wagmen said people are forced to work 60-hour work weeks just to survive.

“I don’t think it’s a very strong argument to say, ‘Well, let’s keep their wages low, that way more people are working,’” Wagmen said.

To help with the labor shortage caused by competitive pay offered by other jobs, especially entry-level jobs like those in the service industry, Serna said his department is working on pilot programs to train youth workers “to come into entry-level jobs and essentially fill those positions as a result of that shift.” He said Carlsbad and Roswell have already held some of these programs.

And to avoid forcing people to relocate to metropolitan or central New Mexico to find work, Serna said DWS needs to work with the Economic Development Department to expand job opportunities in rural areas.

“We’re really trying to understand how rural and remote New Mexico communities can grow in their ability to offer good-paying jobs to New Mexicans,” Serna said.

FEWER WORKERS IN VULNERABLE, LOW-PAYING POSITIONS

Many people are leaving entry-level jobs for other workforces that are offering higher wages, Serna said.

Almost 75% of workers making minimum wage in the U.S. fell under the service industry category in 2021, most of those being food preparation or serving jobs, according to the U.S. Bureau of Labor Statistics.

But New Mexico’s $11.50 statewide minimum wage doesn’t equate to a living wage, even for a state with a relatively low cost of living.

A living wage for a single adult with no children living in New Mexico is $16.25, according to the Massachusetts Institute of Technology’s Living Wage Calculator. Even two adults without children working in the state would need at least $12.84 an hour, according to MIT

The federal minimum wage should be at least $20 an hour to keep up with inflation and living costs, Alvarado said.

“Look at the cost of fuel right now. Look at the cost of housing for an apartment right now,” Alvarado said. “15 bucks an hour? What is it – 15 times 40? That’s 600 bucks a week. Can you live on 600 bucks a week? Then you multiply that times 52: that’s $31,000 a year.”

Wagmen said just a server salary would be very hard to depend on solely for a sustainable income, he said. A tipped employee’s minimum wage statewide is $2.80 hourly for those making more than $30 in tips.

“Wages are pretty low right now, and it's really hard to survive,” Wagmen said.

New Mexico had the 19th lowest cost of living in the U.S. in early 2022, according to the Missouri Economic Research and Information Center. But Serna said this low cost of living can actually decrease the number of people in the workforce.

“One of the double-edged swords for being an affordable state to live (in) is that it could very well result in two parent households determining that only one needs to work while the other stays home,” Serna said, “and those are real issues that will plague the participation rate.”

The U.S. Bureau of Statistics reported that men and women with children had similar labor force participation rates nationally in 2020. For parents with children under 18, the number of men and women who were employed was nearly even in March 2020. And just 10% more women than men were unemployed when it comes to parents with kids under 18.

But the pandemic heightened gender disparities in the workforce. Women’s jobs make up about 75% of positions lost in the pandemic, and women are still down nearly 400,000 jobs since the pandemic started, according to the National Women’s Law Center.

Lack of child care services can prevent people from working, but the state doesn’t require employers to provide those benefits. The state encourages those services, DWS spokesperson Stacy Johnston wrote via email.

“Essentially, we’re serving as a resource for employers by promoting creative strategies that increase worker recruitment and retention,” Johnston wrote.

Other benefits like health insurance and education pay also aren’t provided to a majority of service industry workers. In 2017, less than 40% of service workers were offered any medical care benefits, according to the U.S. Bureau of Labor Statistics.

Service industry workers are usually at a higher risk for contracting COVID than many others. They’re frontline positions that often can’t be done remotely. The peer-reviewed journal Health Affairs reported that women, people of color and people with low economic status are more likely to hold these positions and “have disproportionately experienced the negative health and economic consequences of COVID-19.”

Wagmen got COVID in early 2022 and said he isn’t sure if it was connected to the outbreaks his restaurant experienced.

“Even when you as a restaurant practice every safety precaution you can, there’s still this possibility of getting sick,” Wagmen said.

Serna said the state is trying to overcome barriers that the pandemic has created in these jobs, pushing for workers to wear masks and get vaccinated. But in a follow-up email communicated via spokesperson Johnston, she said the department supports the state government’s public health actions, including those around masking, testing and getting vaccinated — nearly all of which aren't required anymore.

Southern New Mexico county says abortion clinics not welcome — Morgan Lee, Associated Press

A local government board in southern New Mexico approved a message Thursday saying that abortion clinics are not welcome in politically conservative Otero County — even though state law allows most abortion procedures.

The nonbinding anti-abortion resolution, approved in a 3-0 vote, said the commission "stands firmly against the presence in the county of Planned Parenthood clinics or any other clinics where abortion is practiced at will and on demand."

At least two groups have announced plans to open new abortion facilities in New Mexico after the U.S. Supreme Court in June overturned Roe v. Wade and took away women's constitutional protection for abortion nationwide.

One of them is the abortion provider at the center of the Dobbs v. Jackson Women's Health Organization decision that overturned Roe.

Otero County Commissioner Couy Griffin sponsored of the resolution that condemns "voluntary abortion" practices. He said it responds to concerns that New Mexico may become a regional hub for people seeking abortions from neighboring states where the procedures are illegal or heavily restricted.

The resolution says abortion procedures aimed at protecting the health of a mother "will take place in a local hospital under the care of a physician," and that the county takes a "neutral position" in instances involving incest or rape.

Otero County Attorney Roy Nichols said the resolution does not have any legal ramifications.

"This is not going to outlaw anything. This is more for the opinion to be expressed," he said.

The Democrats who control the New Mexico Legislature support access to abortion, as does Democratic Gov. Michelle Lujan Grisham.

State lawmakers last year repealed a dormant 1969 law that outlawed most New Mexico abortion procedures as felonies, ensuring access to abortion even after the Supreme Court rolled back the national guarantee.

Raw emotions about government regulation of abortion emerged at the Otero County commission meeting in Alamogordo for debate on the resolution, with dueling references to Christian scripture and quotations from the U.S. founders aimed at bolstering arguments for and against legal abortion access.

Commissioner Gerald Matherly said he voted against a similar anti-abortion resolution three years ago and supported the new measure because it leaves out opposition to abortions in instances of rape, incest or when a woman's life is in danger.

"The state helps (with) birth control pills, they're helping the mothers after the babies are born," Matherly said. "I don't believe that a person can just go out and have a wild Friday night — she gets pregnant and can go off and get an abortion. She should have, some people should have, responsibilities."

Griffin — a firebrand conservative who was convicted of entering a restricted area at the U.S. Capitol in the Jan. 6, 2021, insurrection — urged other rural, conservative counties to adopt identical resolutions to try to contain the proliferation of abortion clinics.

"If the governor wants to embrace it in Santa Fe, if they want to have abortion clinics in Las Cruces, if they want to do it in Albuquerque, they are well within their rights to do so," Griffin said. "But if they don't want it Carlsbad, if they don't want it in Roswell, if they don't want it in Farmington, then those county commission boards need to get the same kind of resolution passed."

Lujan Grisham signed an executive order last month that prohibits cooperation with other states that might interfere with abortion access in New Mexico, declining to carry out any future arrest warrants from other states related to anti-abortion provisions.

The order also prohibits most New Mexico state employees from assisting other states in investigating or seeking sanctions against local abortion providers.

NTSB says dad, not boy, was driving truck that hit golfers' van — Jamie Stengle, Associated Press

A Texas man, not his 13-year-old son, was driving the pickup truck that crossed into the oncoming lane and struck a van carrying New Mexico college golfers, killing nine people, and he had methamphetamine in his system, investigators said Thursday.

The National Transportation Safety Board said two days after the March 15 collision in rural West Texas that its early findings suggested that the 13-year-old was driving the pickup that struck the van carrying University of the Southwest students and their coach back to Hobbs, New Mexico, from a golf tournament in Midland. But the NTSB said in a preliminary report released Thursday that DNA testing confirmed that the father, 38-year-old Henrich Siemens, was driving and that toxicological testing showed the presence of methamphetamine in Siemens' blood.

"This was a very difficult investigation to determine some of the facts based on the catastrophic nature of the damage and the post-crash fire," Robert Molloy, the NTSB's director of highway safety, said at a news conference.

Siemens and his son died in the crash along with six members of the men's and women's golf teams and their coach, who was driving the van, which was towing a cargo trailer.

Molloy said they are still analyzing the toxicological report and that although they know methamphetamine can affect driver performance, it's too early to say whether it was a contributing factor in the crash.

Investigators are still working to determine the probable cause of the crash, and Molloy said he didn't expect a final report until next year.

The collision happened at about 8:17 p.m. in Andrews County, which is roughly 30 miles (50 kilometers) east of Texas' border with New Mexico.

In the days after the crash, the NTSB had said that the truck's left front tire blew before impact. But it said Thursday that so far, investigators haven't found evidence of a loss in tire pressure or any other indicators that the tire failed.

The NTSB said the road they were traveling on consisted of a northbound lane and southbound lane. Near the crash site, the roadway was straight but there was no highway lighting.

The speed limit on the road was 75 mph (120 kph), but Molloy said they have not yet determined the vehicles' speeds at the time of the crash.

Those killed in the van were coach Tyler James, 26, of Hobbs, New Mexico; and golfers Mauricio Sanchez, 19, of Mexico; Travis Garcia, 19, of Pleasanton, Texas; Jackson Zinn, 22, of Westminster, Colorado; Karisa Raines, 21, of Fort Stockton, Texas; Laci Stone, 18, of Nocona, Texas; and Tiago Sousa, 18, of Portugal.

Two other students who were in the van were seriously injured.

Most of the students were freshman who were getting their first taste of life away from home at the private Christian university with enrollment numbering in the hundreds. Those who knew James, the coach, said it had been his goal to be a head coach, and he was excited to be there.

The crash was the latest tragedy for the Siemens family, who lived in Seminole, Texas, a rural community of around 7,500 people, some of whom first relocated to the area in the 1970s with other Mennonite families who started farming and ranching operations. Community members had rallied around Siemens and his wife months earlier when a fire that started in the kitchen destroyed the home where they had lived for a decade.