Public Defender’s Office raises potential conflicts in representing driver in bus stop fatalities

By Jackie Valley

Wednesday, Nov. 21, 2012 | 10:15 a.m.

The Clark County Public Defender's Office will spend two more weeks determining if it has a conflict of interest representing Gary Hosey Jr., the man accused of driving drunk into a Las Vegas bus stop and killing four people.

Public defenders Abel Yanez and Benard H. Little have tentatively been assigned to represent Hosey, previously represented by hired defense attorneys Dayvid Figler and Kristina Wildeveld. The cost of hired representation was getting too expensive for Hosey's family.

Yanez, in a hearing Wednesday morning, told Clark County District Court Judge Jennifer Togliatti his office previously had represented two of the victims who were injured, as well as two witnesses, which raises questions about a potential conflict of interest.

In turn, Togliatti requested Wildeveld give the public defenders evidence related to the case, so they can further review the issue and speak with Hosey before the next hearing.

Hosey, 24, who appeared in court wearing standard blue jail attire, said he would like to retain Figler and Wildeveld if the Public Defender's Office has a conflict.

"You don't get to choose your own attorney at taxpayer expense," Togliatti explained to Hosey. "I am familiar with the law. I will let the public defender review the file, speak to you. Your position is noted, and then I will make the decision."

The court scheduled a status check for 9 a.m. Dec. 5.

The deadly accident happened the morning of Sept. 13 on Spring Mountain Road near Decatur Boulevard. Metro Police say Hosey, 24, was behind the wheel of a Chevrolet Monte Carlo traveling at a high rate of speed when he apparently lost control and struck the bus stop.

Hosey remains in the Clark County Detention Center on $4 million bail.