Probation likely in case where woman killed by flying rock

By Matt Pordum (contact)

Wednesday, April 13, 2005 | 10:58 a.m.

A 34-year-old real estate agent who authorities say caused a rock to fly through the windshield of a woman's car, killing her, will most likely be sentenced to probation due to a plea agreement he entered into with prosecutors Tuesday.

Robert Rink entered a conditional guilty plea to one count of involuntary manslaughter for the July 11, 2003, incident that killed 31-year-old Michelle Rogers.

As part of the negotiation, Chief Deputy District Attorney LJ O'Neale will not oppose District Judge Michelle Leavitt sentencing Rink to probation with an underlying suspended sentence of 1 to 4 years in prison.

Leavitt told Rink she would ultimately decided whether or not to sentence him to probation. She said if she decided to issue him a prison sentence he can withdraw his plea and go to trial.

Rink originally faced two to 15 years in prison on the charge of leaving the scene, one to six years on the reckless driving charge and one to four years on the involuntary manslaughter charge.

The destruction of evidence is a gross misdemeanor punishable by up to a year in prison.

Authorities originally said Rink was driving his BMW over 90 mph on the Las Vegas Beltway near Charleston Boulevard when his car kicked up the rock that flew through the windshield of Rogers' Volkswagen Passat.

A rock hit Rogers, who was traveling northbound on the beltway, in the head. She died five days later.

O'Neale said since the initial investigation "there was a recalculation of the scene reconstruction that puts the speed Rink was driving at between 69 and 71 mph."

The prosecutor said although the speed is still above the posted legal speed limit, it's the speed driven by the majority of the drivers found on that road at the same time of day that the incident occurred.

There was never any indication that Rink was under the influence of drugs or alcohol.

Rink addressed the court on Tuesday, saying he was using his cell phone "and not paying attention to driving my car" when he veered off the road and found himself driving onto the center median.

He said he then "left the scene, not realizing rocks kicked up and killed the driver (Rogers). I should have been paying more attention."

O'Neale said Rogers' family had been notified of the negotiation.

"Obviously in a situation like this, nothing in the law can make this wrong right," O'Neale said.

Although Rink's case was originally perceived as a freak accident, it became more of a mystery as Rink left the scene and was seen transferring boxes out of his car with an unidentified person a short time later.

The BMW was later found burned in a parking lot near the Las Vegas Beltway and Industrial Road. A plastic bottle containing gasoline was also found inside the car.