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November 30, 2009

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Indictment will be sought against driver in fatal crash

Friday, Sept. 6, 2002 | 9:29 a.m.

Prosecutors announced this morning they intend to seek an indictment against a Las Vegas man accused of causing the crash that killed Las Vegas Sun Vice President and Associate Editor Sandy Thompson.

Chief Deputy District Attorney Gary Booker made his announcement during John Simbrat's initial appearance before Las Vegas Justice of the Peace Douglas Smith.

Simbrat, 21, told Smith he could not afford an attorney, and the public defender's office was appointed to represent him.

Prosecutors must prove they have sufficient evidence to move forward on a case by taking them to a grand jury or by presenting evidence during a preliminary hearing within 15 days of a defendant's initial court appearance.

Smith set a preliminary hearing date of Sept. 19 should Booker fail to get the case before a grand jury within the time limit.

Simbrat was arrested Tuesday and charged with driving under the influence of a controlled or prohibited substance, causing death, felony reckless driving and involuntary manslaughter.

Tests showed that Simbrat had seven times the amount of THC in his blood that is allowable under law, Booker said.

THC is the active ingredient in marijuana. Under a Nevada law anyone with 2 nanograms of marijuana per milliliter of blood is presumed to be under the influence of the drug.

Simbrat's blood also showed that marijuana had begun breaking down into other substances, called metabolites, Booker said. Simbrat had 22 times the amount of metabolites allowed.

According to the Nevada Highway Patrol, Thompson was third in line at a red light at the Las Vegas Beltway and Far Hills Avenue on Aug. 9 when Simbrat's sport utility vehicle hit a dividing wall at a high rate of speed and plowed into Thompson's Toyota Camry, pushing it into and underneath the pickup truck in front of her.

Thompson, 53, died at the scene, and the drivers of the other two vehicles were uninjured. Simbrat was taken to University Medical Center in serious condition, but was eventually released.

Booker said Tuesday that initial NHP reports indicate Simbrat was traveling at least 20 miles an hour over the posted speed limit of 45 mph. His vehicle traveled 300 feet after he struck the wall and before he hit Thompson's vehicle.

The prosecutor said he prefers taking fatal DUI cases to grand juries to avoid scheduling conflicts often experienced with preliminary hearings.

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