An elderly Santa Monica man was convicted of the death of a passenger in his pickup while driving drunk, in a one vehicle rollover.

The accident occurred near the floodway in Santa Monica on March 16, 2007. Pedro Palomo, 68, a farmworker was thrown from the pickup driven by Mauro Concepcion Alvarez and pinned beneath the vehicle. He was life f lighted by helicopter to Valley Baptist medical Center, Harlingen where he was pronounced dead on arrival.

Alvarez was tried for Palomo's death in October, 2009 but after a week of testimony the jury was deadlocked on his guilt or innocence and dismissed by visiting state district judge Marta Huerta.

During his trial Alvarez claimed that it was Palomo who was behind the wheel at the time the truck crashed and that he should not be blamed for the man's death.

In the end the 11-woman-l-man jury was unable to decide but Willacy District Attorney Bernard Ammerman was not buying the defendant's argument and moved for a new trial.

The first trial hear dmore than a week of testimony and the second, last week, took just as long but had a different result. The second trial heard by a 4- man-8-woman jury ruled that Alvarez was driving the pickup when it overturned and that he was drunk at the time.

Jurors heard a number of witnesses who agreed that the dead man was pinned under the truck and several expert witnesses testifying that Alvarez was the driver, and that he could not have been the driver.

Palomo was a native of Mexico and left behind a wife, three sons three daughters and three brothers. He worked for Alvarez on his farm.

Maria Palomo, wife of the deceased man, sued Alvarez in State District Court in February, 2008 naming him as responsible for her husband's death.

In the most recent trial Peggy Miller of Port Mansfield testified that she was driving near Santa Monica when she saw the accident and stopped next to the overturned pickup. Miller said that Palomo was pinned under the truck and was timoaning and making gurgling sounds. She said she called 9-1- 1 on her cell phone and waited until help arrived in 15 to 20 minutes.

Visiting judge Marta Huerta also heard the second trial and it is likely that she will be back in 197th State District Court again on April 13, to sentence Alvarez.