Jurors will not tour scene of deadly crash

Kim Smith

Wednesday, Feb. 7, 2001 | 11:24 a.m.

Jurors in the Jessica Williams trial will not get to visit the scene of the crash.

Williams' defense attorney, John Watkins, had asked District Judge Mark Gibbons if the jurors could tour the scene to resolve any questions the jurors may have.

However, Gibbons decided this morning that it would be too difficult to coordinate the closure of Interstate 15 for the tour. In addition, he said the attorneys would not be allowed to provide narration at the scene. Gibbons did say Watkins could videotape the roadway to provide a better description of the scene than photographs already admitted into evidence.

Today is the third day in Williams' trial.

The 21-year-old is accused of drifting off Interstate 15 north of Las Vegas on March 19 and striking and killing six teenagers who were picking up trash in the median as punishment for minor crimes.

Those killed were Malena Stoltzfus, Jennifer Booth, Rebeccah Glicken, Scott Garner Jr., Anthony Smith and Alberto Puig.

Prosecutors allege Williams had marijuana and Ecstasy in her system, but her attorney believes she simply fell asleep.

Jurors can acquit Williams or find her guilty of driving under the influence of a controlled substance, driving under the influence of a prohibited substance, reckless driving or involuntary manslaughter.

The case is garnering a great deal of attention around the country because of the DUI laws under which she has been charged.

In order to convict her of the controlled substance charge, the jury would have to believe she was impaired by the drugs -- something Watkins believes is scientifically impossible to prove.

Chief Deputy District Attorney Gary Booker contends the jury can convict Williams under the prohibited substance section of the DUI statute, which doesn't address impairment. It simply states that those with certain levels of marijuana in their system are considered to be driving under the influence.

A string of law enforcement officers took the stand Tuesday to testify about the aftermath of the accident and their interaction with Williams.

All of the officers told jurors that Williams had bloodshot eyes, which is often a symptom of marijuana use. However, they also said the redness could have been caused by crying.

There was a difference of opinion among the officers as to Williams' demeanor. Two of the officers described her as being "unresponsive" and others said she was visibly upset and in shock.

Manuel Rivera Jr., an off-duty Metro officer who happened on to the scene, said he watched Williams from a distance for a few moments.

"She kept looking around as though she was in shock or disbelief and then she started crying," Rivera said.

A passerby, Randy Liles, testified he thought Williams was in shock, too.

"She kept stating to me, 'Damn it, I fell asleep. This is a dream and I'm going to wake up,"' Liles said.

Liles also testified he spent 10 minutes comforting Booth, who died 30 hours after the accident.

As for the others, Liles said, "You could already tell God had taken them home."

Jurors also learned Tuesday that officers did not require Williams to perform any field sobriety or drug recognition tests.

Nevada Highway Patrol Sgt. Greg Roehm said he thought it would be "unethical and flat-out wrong" to require her to perform the tests, because she had been slightly injured in the accident.

Williams herself, however, told him that she had smoked marijuana two hours before the accident and gave him the pipe with which she had smoked it. Roehm said she couldn't find the marijuana, however.

NHP Officer James Olschlager said he found a bag containing the marijuana in a sunglasses case on the front seat of Williams' van.

Williams didn't tell any of the officers that she has taken an Ecstasy tablet.

Also testifying Tuesday were a handful of drivers who saw Williams in the moments before the accident and during it. All of them told jurors she appeared to be in control of her vehicle until it went off the road.

Liles told Watkins it appeared to him as though Williams had fallen asleep, but then he told Deputy District Attorney James Hartsell that Williams may not have been paying attention when she went off the road.

Trucker John Kauten Sr. said Williams passed him seconds before the crash and her passenger, Tania Ozarek-Smith, appeared to be awake and talking with her hands.

Ozarek-Smith told grand jurors she was fast asleep at the time of the crash, but the attorneys will not be able to question her during the trial. They can't locate her. She also told the grand jurors that when she woke up, she saw that Williams was asleep.

Kauten also testified as to how shocked he was that there were people working in the median. He saw no warnings -- there were no cones, signs or flagmen in the area.

Kauten's testimony backed up Watkins' assertion that Clark County should be held responsible for the accident. However, District Judge Mark Gibbons ruled before the trial that Watkins would not be allowed to address a third party's liability during the trial.

The families of the six children killed have filed a lawsuit against the county, but a date has not yet been set for that trial.

Prosecutors are expected to wrap up their portion of the case this afternoon.