Dettloff attorney: Facts misstated in triple fatal case

Kim Smith

Thursday, June 7, 2001 | 10:18 a.m.

The defense attorney representing a Las Vegas resident suspected of causing a triple fatality car accident accused prosecutors Wednesday of purposely exaggerating and misstating the facts of the case.

Richard Wright, who represents Mitchell Dettloff, 35, said he doubts prosecutors will ever prove that his client shouted obscenities at the dying victims or visited a topless club and tow yard in the hours after the accident.

All three are accusations that have been made by prosecutors in an attempt to keep Dettloff in jail pending his trial on involuntary manslaughter charges.

Wright lit into the prosecutors Wednesday during a bail reduction hearing. Dettloff has been in the Clark County Detention Center on $2.2 million bail since April, and Wright asked District Judge Joseph Bonaventure to release Dettloff on house arrest, insisting he is not a flight risk or a danger to society.

Chief Deputy District Attorneys Gary Booker and Bruce Nelson, however, argued Dettloff has shown no remorse for his actions and is a flight risk.

Bonaventure reduced Dettloff's bail to $500,000. Should Dettloff make bail, he must surrender his driver's license and passport, refrain from driving and submit to house arrest.

The judge noted that although he questions the character of a man who would leave a fatal accident scene, bail should not be used to punish a defendant before trial.

Prosecutors allege Dettloff lost control of his vehicle while driving on U.S. 95 April 22. They say it forced a pickup truck carrying a family to strike another vehicle head-on.

Benjamin Barton, 8, was killed along with his mother, Holly Barton, 33, and the driver of the other vehicle, Brian Cooper, 30. James Barton, 32, was critically injured and remains bedridden at this time.

Dettloff was arrested three days after the accident while staying at the Rio hotel in a room rented by his fiancee.

Dettloff, 35, was indicted May 8 on four counts each of leaving the scene of an accident and reckless driving and three counts of involuntary manslaughter.

Prosecutors allege Dettloff got out of his car a short distance from the accident and yelled at the dying victims.

Prosecutors have also found witnesses who say Dettloff spent many hours after the accident drinking and receiving lap dances at a local topless club. Witnesses say Dettloff went to the tow yard the next day to look at the wrecked vehicles, too.

Wright said he believes the people at the topless club are mistaken and the witnesses to the remark and tow yard incident are less than credible.

Wright also noted that Booker and Nelson told Justice of the Peace Jennifer Togliatti in April that they believe Dettloff was under the influence of drugs or alcohol and they have since backed off on that theory, Wright said.