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November 23, 2009

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Teen takes deal in drunken driving death

Thursday, Sept. 2, 1999 | 10:16 a.m.

A Las Vegas teenager has accepted a plea bargain in a drunken driving rollover accident during a Christmas holiday excursion to Mount Charleston that left one of his friends dead and another seriously injured.

As a result of Wednesday's deal Lucas McWaters, 18, will serve only 190 days as an inmate in the prison's boot camp program before getting probation, but will be under the thumb of authorities in the DA's Serious Offender Program for years.

Deputy District Attorney Gary Booker said the purpose of the convoluted and complicated plea bargain is to get McWaters' life back on track by making him deal with the drinking that led to the fatal accident in May.

Booker said McWaters is believed to have been adjusting his car stereo when his car ran off the Mount Charleston road three miles west of U.S. 95. McWaters and two buddies, who were not wearing seat belts, were ejected from the vehicle.

Steven Vanderhook died of multiple injuries. Chad Scott suffered serious injuries from being pinned under the vehicle.

Booker said that McWaters' blood-alcohol level was tested after the crash at slightly over the 0.10 percent legal limit that is considered proof of drunken driving.

McWaters pleaded guilty to two counts of felony drunken driving, two counts of felony reckless driving and one misdemeanor DUI charge.

Booker said if the defendant completes boot camp, he will be sentenced to 56 to 144 months in prison, or about 4 to 12 years, on the reckless driving charges and given five years probation with a string of requirements including community service and restitution for funeral expenses. The felony DUI counts will be dismissed but the misdemeanor DUI count will be included.

He also will be required to wear a silver bracelet inscribed, "In memory of Steven Vanderhook, killed by my recklessness."

If McWaters fails to complete boot camp, Booker said he will be sentenced on the felony DUI charges and could face a prison sentence of up to 16 to 40 years. In that case, the lesser reckless driving counts and the misdemeanor DUI would be dropped.

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