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October 25, 2014

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Attorney says driver takes responsibility for deadly bus stop crash, denies being impaired

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Steve Marcus

Gary Lee Hosey Jr., the suspected driver of a car that crashed into a bus stop on Spring Mountain Road Thursday, Sept. 13, 2012, makes an initial appearance at the Regional Justice Center Monday, Sept. 17, 2012. Attorney Caitlyn McAmis is at right. Four people died and eight were injured in the accident.

Updated Friday, Oct. 19, 2012 | 11:10 a.m.

Man accused in bus stop crash waves right to challenge charges

KSNV reports that DNA swabs are asked for passengers in Gary Hosey Jr.'s car to prove he was sitting in driver's seat, Oct. 19.

Gary Lee Hosey Jr. Makes Initial Appearance

Gary Lee Hosey Jr., the suspected driver of the car that crashed into the bus stop on Spring Mountain Road Thursday, enters the courtroom for an initial appearance at the Regional Justice Center Monday, Sept. 17, 2012. Four people died and eight were injured in the accident. Launch slideshow »

Gary Lee Hosey Jr. admits responsibility for the accident last month that killed four people waiting at a bus stop but denies he was driving while impaired, his attorney said Friday after a hearing in Las Vegas Justice Court.

During the court appearance, Dayvid Figler, Hosey’s attorney, waived his client’s right to a preliminary hearing, meaning the case against Hosey will be heard in Clark County District Court.

“Having reviewed all the witness statements and having reviewed the scientific and forensic evidence, it doesn’t seem like there would be any significant benefit to a full preliminary hearing today,” Figler said.

Hosey, 24, is scheduled to be arraigned in District Court at 1:30 p.m. Oct. 31.

After the hearing, Figler said Hosey had taken responsibility for his actions and was “extremely remorseful” but contended that speeding, not drugs or alcohol, was the primary factor in the crash.

“Mr. Hosey takes responsibility for his actions. … We’re going to continue to go forward with this case and come to a resolution we hope will be fair for everybody,” Figler said.

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

The fatal crash happened the morning of Sept. 13 on Spring Mountain Road near Decatur Boulevard.

Metro Police said Hosey was behind the wheel of a Chevrolet Monte Carlo traveling at a high rate of speed when he apparently lost control and slammed into the bus stop.

The criminal complaint alleges Hosey’s blood-alcohol level exceeded the legal limit of 0.08 percent, based on blood samples taken within two hours of the wreck. In addition, the complaint alleges Hosey had more marijuana in his blood than the law allows.

The defense, however, has asserted that Hosey’s blood-alcohol content was below the legal threshold of 0.08.

Figler said Nevada’s marijuana laws were among the most stringent in the nation but science did not support the state’s definition of marijuana intoxication.

“Scientifically (the law) doesn’t have a great basis, but politically it is something very powerful,” Figler said.

In the courtroom Friday morning, members of Hosey’s family and what appeared to be family and friends of victims of the crash looked on during the short hearing.

Afterwards, the three passengers who were riding in the car with Hosey when the crash occurred were served search warrants to obtain DNA samples.

Chief Deputy District Attorney Eric Bauman said the samples would be used to help identify where each of the passengers was sitting in the vehicle at the time of the accident.

Figler, who does not represent any of the three passengers, called the incident a “curious sideshow.”

“It’s all very confusing,” Figler said. “I’m not sure why the state decided they wanted to randomly take DNA from people who were at the scene and what they’re going to with that.”

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  1. Teaser...

    Well said.

  2. "Figler said Nevada's marijuana laws were among the most stringent in the nation but science did not support the state's definition of marijuana intoxication. "Scientifically (the law) doesn't have a great basis, but politically it is something very powerful," Figler said."

    Excellent point! From all appearances Figler is doing an excellent job in this defense!

    "Before people start attacking as they seem to like to do, just remember, it's McAmis' legal requirement to defend her client."

    Teaser -- read the article, his attorney is Dayvid Figler. McAmis is just the attorney in the picture caption.

    Remember, the prosecution bears the burden of proving every part of its case against Hosey "beyond a reasonable doubt."

    "...our sense of fair play which dictates a fair state-individual balance by requiring the government to leave the individual alone until good cause is shown for disturbing him and by requiring the government in its contest with the individual to shoulder the entire load..." -- Murphy v. Waterfront Commission of New York Harbor, 378 U.S. 52, 55 (1964)

  3. "takes responsibility"? Is that supposed to be a sick joke? He's trying to cop a lesser charge of accidental manslaughter from failing to maintain control of his vehicle. If he truly wanted to take responsibility, he'd plead guilty and take his punishment for killing innocent people by choosing to drive while impaired.

  4. "Mr. Hosey takes responsibility for his actions. " We're going to continue to go forward with this case and come to a resolution we hope will be fair for everybody,"

    I trust someone will describe what is "fair" for the four dead people.

  5. If the person who loaned the car knew he didn't have a lic. to drive they maybe culpable as well.

    The reason I say this is when a person borrows a car and they run a red light ( Where Cameras are used ) Then it's the owner that is cited not the driver.

  6. Taking responsibility would be pleading guilty without comments, justifications, stories and rhetoric to the families of victims.

  7. @casinokid..."The reason I say this is when a person borrows a car and they run a red light ( Where Cameras are used ) Then it's the owner that is cited not the driver."

    Actually those photos have to be reviewed to make sure the driver can be identified.

    Yes the owner of the car may be held civilly liable, I challenge you to cite where in the Nevada Revised Statutes her actions are deemed criminal.

    We often hear about people pleading guilty to crimes they have not committed, but many don't believe that. Yet that's exactly what Roslenda, DMCVegas, lowjiber indicate they would do if they ever faced charges for a crime they didn't believe the committed.

    For those who find this an "open and shut" case, remember that it's the police and prosecutors who are claiming Hosey was over the legal limit. Yet, so far the police and prosecutors have lied about nearly every detail in this case. First the claimed Hosey failed a breath test. When they realized such a test was not possible given his injuries, suddenly we were told about the two blood draws that were sure to prove he was drunk, yet that wasn't true either. So after lying about a breath test and blood tests proving he was under the limit, we suddenly learn about a "mysterious third" sample that cops "
    "forgot about."

    Now Metro has obtained a warrant for the passenger's DNA. That type of Fourth Amendment Violation could only be approved if cops told a judge they had cause to believe they two were guilty of some crime. Metro is not even sure if Hosey was actually driving?

    Danutz might be right after all. Lies about his blood alcohol level and the police's confusion as to who was behind the wheel does seem like an open and shut case. So far there's a big enough reasonable doubt hole in the state's case you could drive a Semi through it. Open and shut.

  8. With or without impairment it is vehicular HOMICIDE.

  9. @Roselenda "With or without impairment it is vehicular HOMICIDE"

    Clearly, since homicide only indicates a death caused by another person.

    And without impairment the most we have are four cases of vehicular manslaughter.