Attorneys argue for leniency in fatal crash

Kim Smith

Thursday, May 23, 2002 | 9:53 a.m.

Attorneys for a Las Vegas man convicted of leaving an accident in which three people died say their client should receive probation because he neither caused the accident nor was drunk at the time of the crash.

In a sentencing memorandum filed Wednesday, Mitchell Dettloff's attorneys blast the Division of Parole and Probation for recommending Dettloff receive 12 to 30 years in prison for the crash that killed Holly Barton, 33, Benjamin Barton, 8, and Brian Cooper, 30, in April 2000.

To illustrate their point, Karen Winckler and Richard Wright ask District Judge Joseph Bonaventure to note the sentences of drivers involved in nine other high-profile cases.

None of the drivers, including Karen Morris, Melissa Biba and Juanita Kim McDonald, received anywhere near 30 years. In each of those three cases, the women acknowledged they caused fatal accidents because they were reckless or under the influence of drugs or alcohol.

Morris received five years' probation and 52 weekends in jail; Biba got six to 20 years and McDonald five to 20 years.

"(Dettloff) did not stop and report the accident, yet this failure to stop does not mean that he was intentionally abandoning injured and dying people," the memo states. "Clearly, Mr. Dettloff made a huge mistake when he left the scene, most likely the biggest mistake of his life. The question is what should the penalty be for such a criminal act. That penalty is not 30 years in prison."

The memo was filed just days after Winckler and Wright filed a motion asking the judge to prevent family members of the Bartons and Cooper from testifying at Friday's sentencing hearing.

The attorneys argue that because Dettloff was acquitted on reckless driving and involuntary manslaughter charges the family members are not victims of Dettloff's actions.

Bonaventure is to make a ruling on that motion just prior to Friday's hearing.

Holly Barton's husband, James Barton, said speaking at the hearing would provide some closure for him.

"This whole thing has been a real education for me as far as learning who has more rights," Barton said.

Dettloff should spend time in prison, Barton said.

"It would severely upset me (if he got probation). I'd be very hurt," Barton said. "It would be a great tragedy because he would be getting away with it, and it would set a precedent. People are paying attention to this case, and if he got probation, who would want to stick around after an accident?"

Prosecutors had alleged that Dettloff's vehicle had veered into Barton's pickup, sending it across the median on U.S. 95 near Ann Road and striking Cooper's vehicle head-on. Dettloff said he didn't know of the second collision.