Judge’s son released to parental custody

By Frances Vanderploeg

Published Monday, Nov. 24, 2008 | 2:42 p.m.

Updated Monday, Nov. 24, 2008 | 7:10 p.m.

Michael Mosley, 16-year-old son of District Judge Donald Mosley, was released to the joint custody of his estranged parents Monday after a hearing before Family Court Judge William Voy.

Michael Mosley had been held in the Clark County Juvenile Detention Center for a week after being arrested on charges of driving under the influence of alcohol and possession of a spring-loaded knife following the crash Nov. 14 that killed 15-year-old Olivia Brandise Hyten, a Coronado High School sophomore.

Mosley was driving one of two trucks that police said appeared to be speeding on Grand Hills Drive in the Rio Secco Golf Club. Hyten was riding in the other truck, and charges have not been filed against the driver of that vehicle, who was a teenager, the prosecutor said.

Three other teens were taken to area hospitals after the crash.

Donald Mosley argued his son’s blood alcohol level was .026, or less than one beer. Because of that, he said, the charge should be dropped to a misdemeanor consumption of alcohol by a minor.

He brought pictures to the judge, showing his vehicles chained and locked together, he said. If released, his son would not have access to any vehicles, he said, and will be watched in all other aspects of his life.

"No drinking, and I assure you he will be in court when he needs to be," Donald Mosley said.

Michael Mosley was also being held on a 2005 charge of discharging a firearm, a July 2008 charge of reckless driving and an October 2008 charge of possession of a firearm on school property. The firearm charges involved a BB and a pellet gun.

Voy scheduled a hearing for Dec. 15 and ordered Michael Mosley to wear a GPS device until that hearing, when prosecutors said they expected a Henderson Police investigation to be complete and formal charges to be filed.

District Attorney Mary Brown said she expects the teen driving the vehicle Brandise Hyten was in will be charged after Henderson Police complete the accident reconstruction and witness interviews.

Voy released Michael Mosley to house arrest, noting, "This could very well change," if the district attorney chooses to file charges before the Dec. 15 court date in relation to Brandise Hyten's death.

Mosley had to return to juvenile detention until the GPS unit could be affixed, at which time he would be dropped off at his mother's house.

Before walking out of the court room, Donald Mosley reached to his son, who stood with shackles around his waist and wrists, and whispered in his ear while offering a reassuring pat on the back.

Michael Mosley was to spend alternating weeks in the home of his father and mother, Terry Mosley, Voy said.