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Defense attorneys: Man who drove into bus stop was under legal limit for alcohol

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Steve Marcus

Gary Lee Hosey Jr., the suspected driver of the car that crashed into the bus stop on Spring Mountain Road Thursday, wipes his eyes as he talks with attorney Caitlyn McAmis at the Regional Justice Center Monday, Sept. 17, 2012. Four people died and eight were injured in the accident.

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 »

Fatal Bus Stop Accident

Metro Police investigate after a car crashed into a bus stop on Spring Mountain Road east of Decatur Boulevard, killing four people, on Thursday, Sept. 13, 2012. Launch slideshow »

Bus stop crash driver may not have been drunk

KSNV reports that the blood alcohol level for the man who crashed his car into the bus stop killing four people was not over the legal limit, Sept. 19.

Defense lawyers for Gary Lee Hosey Jr., accused of driving drunk into a bus stop and killing four people last week, say blood tests show he was under the legal limit for alcohol.

Defense attorney Dayvid Figler, who is representing Hosey along with attorney Kristina Wildeveld, said the defense has received test results indicating Hosey had alcohol and traces of marijuana in his system, but his blood-alcohol content was lower than the legal threshold of 0.08 percent.

Based on the test results so far, Figler said it appears “drugs and alcohol did not have a significant impact on the accident.”

Figler said the investigation is ongoing and the defense has not received all the information related to the case. Hosey’s family retained Figler and Wildeveld to serve as his defense lawyers, Figler said.

The hearts of Hosey and his family go out to the victims’ families, Figler said, adding that Hosey is “taking all this real rough.”

Hosey, 23, is scheduled to appear Friday morning in Las Vegas Justice Court, where formal criminal charges will be read. The District Attorney’s Office has not released the criminal complaint against Hosey.

The quadruple-fatal crash happened at about 6:25 a.m. Sept. 13. Metro Police say Hosey was driving a 2001 Chevrolet Monte Carlo at high speed on Spring Mountain Road when he apparently lost control and struck a bus stop near Decatur Boulevard.

Four pedestrians died at the scene: Margoth Gonzalez, 65; Hyon Cooley, 47; Gerber Ayala-Tomasino Jr., 24; and Johnni Garner, 49. Eight others, including Hosey and his four passengers, were injured in the crash.

Hosey told officers he had been at a bar and drank a Budweiser beer before the accident, according to the arrest report. Hosey estimated he was traveling 60 mph in a 45-mph zone immediately before the crash because he was trying to return his girlfriend’s car before she had to leave for work at 7 a.m.

Officers at the scene reported Hosey had bloodshot, watery eyes, slurred speech, an unsteady gait and smelled of alcohol, the report stated. A preliminary breath test showed Hosey’s blood-alcohol level was beyond the legal limit of 0.08 percent, according to the report.

Hosey was arrested in on four counts of felony driving under the influence causing death. He remains in the Clark County Detention Center without bail.

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  1. Kinda drunk, kinda high and driving kinda fast. Unfortunately, there are 4 dead people who will never see their families again. Go directly to jail Mr. Hosey.

  2. I predict that this never goes to trial. Anyone else agree?

  3. "Go directly to jail Mr. Hosey." Lucky for all of us, we have a justice system that prevents that from happening until the evidence is examined and weighed. Let's not add to the tragedy.

  4. Comment removed by moderator. Inappropriate

  5. "Hosey estimated he was traveling 60 mph in a 45-mph zone immediately before the crash. . .Officers at the scene reported Hosey had bloodshot, watery eyes, slurred speech, an unsteady gait and smelled of alcohol. . ."

    Except for the "smelled of alcohol" Hosey had just been through a major crash. It's common sense anyone would have "slurred speech, an unsteady gait..."

    "So now this thug has absolutely no excuses whatsoever."

    RobRB -- you are obviously clueless what a thug is. Look it up @ dictionary.com then try again. And try not to sound like the rest of this lynch mob.

    "Lucky for all of us, we have a justice system that prevents that from happening until the evidence is examined and weighed. Let's not add to the tragedy."

    James_P -- I'm with you on this one. As the article mentions, the evidence is still trickling in. Like he wasn't legally drunk, an irrelevant bit for some of the irrelevant posters here.

    "What's up with the murderer's passengers? Each of those losers should be facing charges too."

    Icr -- are you really that puerile? How exactly does a passenger have control of a car used to commit a crime?

    "...the report contained other comletely false claims."

    tarantula -- I've had my traffic stop encounter with Metro's badged bullies. Until then I would have given them the benefit of the doubt. Never again.

    "Great minds discuss ideas, average minds discuss events, small minds discuss people." -- Admiral Hyman G. Rickover

  6. So many people have an authoritarian need to place blame and punish. They ignore facts and think "due process" can be denied to people they "know" are guilty. It is disturbing how punitive society has become. Every time there is a news story where ANY type of crime has been committed, the comments section will be full of demands for execution of the perpetrator.

    It doesn't appear that Mr. Hosey was intoxicated when he hit the bus stop. but even if he was, there was no intent to kill.

    The "crime" of drunk driving happens when an intoxicated person gets behind the wheel and drives. 99% of the time, they make it home safely. 0.007% of the time, they get caught by a cop and are arrested for ordinary DUI. 0.003% of the time, they get into an accident. The act of drinking and driving is the criminal conduct. The eventual outcome, whether sleep or death, is a fluke.

    I would bet many of the people who think Hosey should be locked up forever have, at one point, driven under the influence and were lucky enough to make it home safe.

  7. He deserves a fair trial. Even if I think he could have made better choices, let that be relayed to him in an equal manner of justice through the court system. The US justice system is what prevents lawlessness.

  8. One thing that could have contributed to this accident and not mentioned, could have been a vehicle malfunction. Going 60 miles an hour isn't really that fast for a car to go flying off the road in a 45 MPH zone.

    However, with there being both alcohol and marijuana in his system, odds are he's guilty. (until due process is performed) Marijuana does slow a persons reaction time, and coupled with alcohol, even just a little bit, makes it even worse. If the tests come back and show that he smoked MJ a couple hours before, which it's illegal to drive under the influnce, he's going to be found guilty of a crime that carries serious time for causing death to a person, and times that by 4.

    A public defend isn't going to help him that much, he will need a very good attorney if expects to get a deal. My prayers to all the victims.

  9. Hater,

    Read, NRS 484C.110

    You'Wve ingested marijuana "to a degree which renders you incapable of safely driving or exercising actual physical control of a vehicle," or

    Your blood contains 2 nanograms per ml. of marijuana or 5 nanograms per ml. of marijuana metabolite, o

    Your urine contains 10 nanograms per ml. of marijuana or 15 nanograms per ml. of marijuana metabolite.

    If he falls under any of these, the state has him dead to rights. I don't agree if person smoked a doobie two days ago and is charged with DUI, except the State Does.

  10. Who cares what his blood level was. This dude should never be free to drive again. Being stupid and sober is no better than drunk and smart.

  11. anthony: He's still stupid. IF mechanical issues, you don't aim for people. You down shift, brake, kill the engine if possible or you steer into something that will stop the vehicle without harming anyone outside the vehicle.

  12. @SgtRock....You are off-topic so it is unclear what point you were trying to make. And were you directing that comment to me?

  13. @SgtRock...You are welcome. Glad I could help in your mission to post a negative comment about President Obama, however off-topic it may be.