Driver fails test under new drug law

Kim Smith

Friday, March 24, 2000 | 11:32 a.m.

Blood test results for a young woman driver accused of running over and killing six teens Sunday show she had more than twice the amount of marijuana in her system needed to charge her under a new drug law.

Deputy District Attorney Bruce Nelson said the tests showed Jessica Williams, who turned 21 years old today, had 5.5 nanograms of marijuana per milliliter of blood in her system within 90 minutes of the accident.

Under a new law that went into effect Oct. 1, anyone driving with two nanograms or more of marijuana per milliliter of blood is presumed to be under the influence of the drug.

Prosecutors have said the law is supposed to help them in proving there is a correlation between drugs and accidents.

Nelson said the district attorney's office is preparing a criminal complaint against Williams charging her with six counts each of involuntary manslaughter, reckless driving, driving under the influence of a controlled substance and DUI of a prohibited substance.

Chief Deputy District Attorney Gary Booker said the complaint, which will likely be filed by Monday, will also charge Williams with possession of a controlled substance, being under the influence of a controlled substance and possession of narcotics paraphernalia.

Justice of the Peace Tony Abbatangelo told Booker earlier this week that if the complaint is not filed by Wednesday Williams will be released from jail on her own recognizance.

The case against Williams is expected to be presented to a grand jury on April 11.

Williams, who lives in Littlefield, Ariz., and Las Vegas, is currently being held in the Clark County Detention Center on a $5 million bond. She has been charged with six counts of felony DUI, six counts of felony reckless driving and one count of possession of a controlled substance.

According to police, Williams was driving down Interstate 15 near the Las Vegas Motor Speedway when her minivan careened 200 feet across the dirt of the median, hitting a group of teenagers who were on probation and picking up trash to work off their fines.

Scott Garner Jr., 14, Alberto Puig, 16, Anthony T. Smith, 14, Rebeccah D. Glicken, 15, and Malina M. Stoltzfus, 15, died at the scene. Jennifer Booth, 16, died at University Medical Center the next day.

Williams' defense attorney, Ulrich Smith, was unavailable for comment this morning.

John Watkins, a Las Vegas defense attorney who has consulted with Williams and who has specialized in DUI cases for more than 20 years, said earlier this week he believes the new law is unconstitutional.

Just because someone may have traces of a prohibited substance in their system does not mean they are impaired, Watkins said.

People convicted of DUI of a controlled substance or DUI of a prohibited substance are not eligible for probation, Booker said. The crimes are punishable by two to 20 years in prison and a $2,000 to $5,000 fine on each count.

Reckless driving is punishable by probation or one to five years in prison and up to a $5,000 fine.

Those convicted of involuntary manslaughter are also eligible for probation, but the prison sentence is one to four years.

Kim Smith covers courts for the Sun. She can be reached at (702) 259-2321 or by e-mail at kimberly@lasvegassun.com.