Micah Henry

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A wrongful death lawsuit has been filed against the Kirtland Air Force Base airman accused of killing a Cochiti couple in a New Year's crash.

The lawsuit, filed Tuesday in state District Court in Albuquerque, also names Maloney's Tavern, the Downtown bar where Airman Micah Henry, 23, told police he drank "six or more" alcoholic beverages before the early Jan. 1 crash.

The lawsuit alleges that bar employees served Henry when they knew or should have known he was intoxicated.

Witnesses told Albuquerque police that Henry, a military police officer, was speeding at 80 mph to 100 mph south on Fourth Street when his sport utility vehicle ran a red light at Menaul Boulevard Northwest and crashed into a truck containing driver Josephine Laweka, 47, and passenger Marvin Garcia, 44.

Henry, who police say had a blood-alcohol level twice the legal limit, was not injured.

The lawsuit - filed on behalf of Garcia's mother and his 15-year-old son - seeks unspecified monetary and punitive damages, saying both Henry and Maloney's Tavern showed an "utter indifference to or conscious disregard for the safety of others."

Henry was indicted Jan. 1 on two counts of vehicular homicide, aggravated DWI and reckless driving. He remains at the Metropolitan Detention Center in lieu of $200,000 bail.