Bail set at $50,000 in crash that killed mother, son

By Cara McCoy

Published Friday, Feb. 5, 2010 | 10:23 a.m.

Updated Friday, Feb. 5, 2010 | 12:29 p.m.

Bail was set this morning at $50,000 for a 20-year-old man accused of running a red light before crashing his pickup truck into a car, killing the mother and son inside. The bail came in spite of objections from the man’s lawyer, who cited a much lower bail in another high-profile case: Wednesday’s crash into the Edgewater Hotel & Casino in Laughlin.

“I invite the court, with all due respect, and the state, to tell me how these charges differ from the charges that occurred in Laughlin,” said Gary Guymon, who is representing Nathan Hardy in the case. Hardy is facing two felony charges in connection with the collision.

“If the criminal justice system means anything, judge, it means people get treated fairly and equally,“ Guymon said.

Hardy is facing two counts of felony reckless driving resulting in death in connection with the crash at 8:42 p.m. Jan. 29 at the intersection of Lamb and Las Vegas boulevards that left Maria DelCarmen Lewis, 45, and her son, Daniel Santos, a 17-year-old student at Canyon Springs High School, dead.

Hardy appeared this morning before Las Vegas Justice of the Peace William Jansen for a hearing regarding his bail.

Guymon argued that the justice court bail schedule sets $3,000 per count as the standard bail for the charges Hardy is facing and asked that bail be set at $6,000, or $3,000 for each victim.

That amount is what Walter McGie, 70, of Kelso, Wash., posted before being released from jail in Laughlin late Wednesday. McGie is facing the same charges after he was allegedly behind the wheel of a 2007 Pontiac Vibe that traveled at a high rate of speed into the front doors of the Edgewater Casino, 2020 South Casino Drive, at about 9:30 a.m. Wednesday. The car struck nine people inside the casino, killing two and injuring seven.

The Clark County Coroner’s Office said Thursday that 81-year-old Helen Hindmand of Lincoln, Neb., was one of the two victims. The coroner’s office said Hindmand died of multiple blunt force injuries as a result of the crash.

The second woman was identified Friday as 74-year-old Helene Walker of, Mesa, Ariz. The coroner's office said Walker died of multiple blunt force injuries as a result of the crash and ruled her death as accidental. Police said both women were playing slot machines at the time of the crash.

Chief Deputy District Attorney Bruce Nelson, who prosecutes felony traffic cases, said McGie was released from jail without input from a judge or the district attorney’s office.

“There was no bail hearing, there was no request for bail and in any event, there is some indication … that this case may have been due to a mechanical defect or something else,” Nelson said. “There was no mechanical defect that caused the defendant to go 80 mph. He chose to do that.”

McGie is set to appear in Laughlin Justice Court for arraignment March 11. Nelson said McGie’s bail could be readdressed before that hearing.

“I believe the appropriate bail in this case is $100,000 and certainly, the bail in the individual down in Laughlin will be revisited in the very near future,” he told the judge.

Guymon said Hardy was possibly suffering from a mental health issue at the time of the crash. He said Hardy, who was enrolled in college before the accident, had significant ties to the community and wasn’t a flight risk. He also cited his client’s lack of criminal history.

“I would ask that he be treated the same as the other case that’s running neck-and-neck with this case,” Guymon said. “He is not a danger to the community when he is on his medications.”

In asking for the $6,000 bail, Guymon added that in the Laughlin case, several people remained hospitalized, making that incident an arguably worse offense.

Hardy, whose vehicle was seen running red lights and weaving in and out of traffic at a high rate of speed shortly before the wreck, reportedly told police he was on his way back from St. George, Utah, and was “just in a hurry to get home.”

Police said evidence and witness statements indicate that Lewis’ 2006 Toyota was southbound on Las Vegas Boulevard and entered the intersection on a green light. Police said Hardy’s 1992 Dodge Dakota pickup truck was southbound on Lamb when it entered the intersection on a red light, striking the passenger's side.

Lewis was pronounced dead at the scene; Santos died a short time later at University Medical Center. The Clark County Coroner’s Office said Monday that Lewis died of a broken neck as a result of the collision.

Santos was taken to UMC, where he died of multiple traumatic injuries he suffered in the crash, the coroner’s office said.

Nelson called Hardy “an extreme danger to the community.”

“He was going, as the witnesses say, 80 mph. His explanation was, ‘well I didn’t see the light.’ This is a major intersection – Las Vegas Boulevard and Lamb, and he didn’t see the light? Apparently he didn’t see the speed limit sign, either,” he said.

He also added that a firefighter responding to another accident in the area had said that Hardy’s vehicle had nearly struck another firefighter at that scene.

Family members of Hardy and of the victims attended Friday’s hearing.

Afterward, Robert White, Santos’ brother-in-law and Lewis’ son-in-law, said it was difficult to hear Guymon argue for the lower bail amount.

“Is that worth a couple lives? Two people have lost their life and dozens, hundreds have been affected, deeply,” White said. “We’re grieving and it’s painful to see him up there arguing for $3,000 bail.”

Josie Dooley, whose granddaughter was Santos’ girlfriend, said the thought of Hardy being back on the street was frightening.

“You can buy a piece of furniture for $3,000,” she said. “These are the lives of a mother and her promising son.

“That this happened, just because someone made the choice to run the red light. This is not an accident, this is a choice that he made and for what? Just because he was in a hurry to go home?”

Santos’ uncle, Mauricio Osorio, also Lewis’ brother, said Hardy needed to be held accountable.

“To say it was an accident – that was no accident what he did. Somebody has to be responsible,” he said.

Guymon ushered Hardy’s family away after the hearing and was unavailable for comment.

Hardy is next scheduled to appear in court on Feb. 17, but prosecutors said the case might be presented to the grand jury for an indictment.

He is facing a maximum of 12 years behind bars if found guilty. Authorities said drugs and alcohol aren't suspected in the crashes involving Hardy or McGie.