Judge denies bail reduction in fatal bus stop accident

Thursday, June 24, 2004 | 9:37 a.m.

District Judge Joseph Bonaventure on Wednesday refused to lower the bail from $500,000 to $50,000 for a man charged with crashing his truck into a Las Vegas bus stop on May 3, killing a 4-year-old boy and hospitalizing the child's mother.

Nicolas Serrano-Villagrana, 32, is to go to trial Aug. 9 before Bonaventure on felony charges of drunken driving resulting in death in connection with the accident in May that killed Angel Avendano.

Because the boy's 32-year-old mother, Eulogia Avendano, and a second woman, Nijailia Altitijka Graves, were injured in the crash, Serrano-Villagrana is also charged with two counts of felony DUI with substantial bodily harm.

Serrano-Villagrana's attorney, Philip Singer, argued the $50,000 bail should be imposed because because his client is not a flight risk. Singer said Serrano-Villagrana has been in the United States for 15 years, currently has a valid application pending with Immigration and Naturalization Service and has several brothers, sisters and cousins supporting him in Las Vegas.

Additionally, Singer said, Serrano-Villagrana has held steady employment in construction and his employer is the sponsor for his INS application.

Deputy District Attorney Bruce Nelson, however, said Serrano-Villagrana's employment record and family support had to be outweighed by his prior DUI conviction and his failure to appear six times in court on traffic warrants.

Serrano-Villagrana was convicted of a drunken driving charge in 2002 in North Las Vegas.

Nelson said nothing has changed since Justice of the Peace Tony Abbatangelo set bail at $500,000 to warrant a bail reduction.

"We had a two-day preliminary hearing on this case, and although we asked for $1 million, bail was set at $500,000," Nelson said. "What has changed since then? Nothing except now he's charged and faces 60 years in prison if convicted."

The judge said because of Serrano-Villagrana's past conviction for DUI and the charges he now faces, he "didn't feel comfortable" lowering the bail for a man whose "weakness (alcohol) could endanger more lives."