Courts weigh fate of Williams in deaths of six teens

Jace Radke

Wednesday, Feb. 25, 2004 | 8:32 a.m.

While the Nevada Supreme Court deliberates whether the woman convicted in the traffic deaths of six teenagers in a roadside work crew should be given a new trial, a federal judge is considering whether that driver should be set free and not re-tried.

U.S. District Judge Philip Pro heard about an hour of arguments from Jessica Williams' attorney, John Watkins, and Victor Schulze of the Nevada attorney general's office Tuesday. Pro took the arguments as submitted and said he would have a decision within a week to 10 days on the petition that could free Williams if it is found that her protection against double jeopardy was disregarded.

Watkins argued that during Williams' trial in District Court, prosecutors presented two theories to the jury: that Williams was under the influence of either marijuana or marijuana metabolite that was found in her blood.

The two theories were used to support one charge of driving under the influence of a controlled substance, Watkins said. Watkins argued that the jury was erroneously asked to make a judgment on each of the theories, acquitting Williams on one, and finding her guilty on the other.

"The jury was asked to find the guilt or innocence twice on the same charge," Watkins said. "There is no question in this case that there is only one charge, and yet she in fact was acquitted and then found guilty on the same charge.

"You do not get found guilty of a theory; you get found guilty of a charge," Watkins said.

Shulze argued that the double jeopardy clause protects against subsequent prosecution for the same offense after an acquittal or a conviction, and that it also protects against multiple sentences for the same offense. He said that the two theories have elements that are different from each other.

"Mr. Watkins simply wants to extend double jeopardy protections to an area where they have never applied," Schulze said.

Williams was convicted of six counts of driving under the influence of a controlled substance, and two misdemeanor charges. If Pro were to rule in favor of Watkins' petition for writ of habeas corpus, Williams could be freed.

The 23-year-old former stripper was sentenced to 18 to 48 years in prison. She has maintained she had used marijuana before the accident but was not impaired when her car, traveling about 75 mph, went off Interstate 15 and plowed into the youngsters, who were part of a juvenile detention crew cleaning up the side of the freeway.

Court documents said that Williams was returning to Las Vegas from the Valley of Fire on March 19, 2000, after staying up all night using marijuana. She also admitted she used the drug Ecstasy on the evening prior to the accident.

Williams maintained she fell asleep at the wheel.

Killed were Scott Garner Jr., 14; Alberto Puig, 16; Anthony Smith, 14; Rebeccah Glicken, 15; Maleyna Stoltzfus, 15; and Jennifer Booth, 16.

After the accident, Williams handed her marijuana-packed pipe to police. She was also in possession of a plastic bag of marijuana.

The Nevada Supreme Court heard oral arguments earlier this month as to whether Williams should get a new trial but has yet to issue a decision.

Watkins argued to the justices that District Judge Michael Douglas' ruling setting aside the six counts of driving under a controlled substance should be upheld by the Supreme Court.

Watkins claimed that Williams had been charged with being under the influence of marijuana metabolite but that this was not on the list of prohibited drugs compiled by the state Board of Pharmacy.