Judge rules indictment stands in road-rage death

Bill Gang

Thursday, Oct. 28, 1999 | 10:24 a.m.

District Judge Kathy Hardcastle said the grand jury that indicted Alexis Bodkin in a fatal road rage accident was "very poorly run," but the problems weren't serious enough to justify dismissing charges against Bodkin.

Hardcastle noted Wednesday that it takes a presentation of "only slight or marginal evidence" to obtain an indictment and that standard was met despite the irregularities in the process.

The judge said she had been concerned that a depth perception demonstration was conducted using the grand jury foreman as a participant and "at several points it seemed the prosecutor almost was engaged in deliberations with jurors."

Defense attorney Richard Wright had argued the problems justified dismissing the charges that Bodkin caused the incident on Interstate 15 that killed a California motorcyclist beneath the wheels of a tractor-trailer.

The 22-year-old defendant is scheduled to stand trial Nov. 8 on charges of reckless driving and leaving the scene of an accident.

Wright had argued at a Monday hearing that the case wasn't clear-cut because after two grand jury sessions, a final session was held at the request of jurors to clarify what had been contradictory and confusing evidence.

Two accident reconstructionists were involved in the demonstration, but the transcript of the proceedings did not specify what had occurred, and Wright complained that was unfair to the defense.

Wright and Bodkin were not present to see what had occurred because grand jury proceedings are conducted behind closed doors.

Wright also had contended that "misstatements" by the prosecutor guided grand jurors away from an involuntary manslaughter indictment and toward an indictment on a felony reckless driving charge that carries the potential of considerably more prison time.

Deputy District Attorney Bruce Nelson had countered that any irregularities in the grand jury presentations were insufficient to justify dismissing the charges and that the evidence clearly pointed to Bodkin as the one who started the fatal chain of events.

Hardcastle agreed.

Bodkin was indicted Aug. 11, although the incident occurred on Jan. 28.

The incident happened near Jean, about 25 miles south of Las Vegas, when one tractor-trailer tried to pass another, but the driver found his rig didn't have the power.

The two semis traveled side-by-side for several miles while cars filled with irritated motorists backed up behind them.

Bodkin was one of them, and Wright conceded Monday that she joined other cars in passing the trucks on the paved right shoulder, although he did not concede she swerved in front of the trucks and slammed on her brakes, as one of the truck drivers testified.

Anthony Scott Wray died of massive head injuries after his motorcycle ran into the back of one truck. The motorcycle skidded under the wheels of the trailer and was dragged for a short distance in a shower of sparks before it caught fire.