Judge rejects plea bargain in drunken driving case

Kim Smith

Wednesday, Aug. 16, 2000 | 10:14 a.m.

A Las Vegas man who would have been guaranteed probation in a fatal drunken driving case will be going to trial because a judge has rejected the plea agreement.

Paul Deshaun Brewton was scheduled to be sentenced Tuesday on an involuntary manslaughter charge stemming from a December accident that killed 70-year-old Irwin Graves.

However, District Judge Sally Loehrer objected to the probationary sentence and rejected the plea agreement, said Deputy District Attorney Bruce Nelson. As a result, the plea bargain must be reworked or a trial will go forward.

Nelson said the original plea agreement was conceived because Brewton may have been able to prove he went through a red light and struck Graves only because he was being chased by gang members who were firing a weapon at him.

Under Nevada law, someone can break the law if they do so in order to prevent a greater harm, Nelson said.

Although Brewton is now out of jail on his own recognizance, Loehrer told Brewton he must pay $5,000 bail by Sept. 19 or be jailed pending his trial, which has been set for Nov. 13.

Brewton will now face the original charges of driving under the influence of an intoxicating liquor, leaving the scene of an accident, reckless driving and involuntary manslaughter.