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December 21, 2014

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Bail set at $4 million for driver in fatal bus stop crash

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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 on Thursday, Sept. 13, 2013, makes an initial appearance at the Regional Justice Center Monday, Sept. 17, 2012. Four people died and eight were injured in the accident.

Updated Friday, Sept. 21, 2012 | 11:44 a.m.

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., charged with driving under the influence in a crash that killed four people waiting at a bus stop, will remain in custody on $4 million bail, a judge ruled Friday morning.

Las Vegas Justice Court Judge Conrad Hafen set Hosey’s bail after denying his defense attorneys’ motion to have the case reassigned to different judge.

Hosey’s defense attorney, Dayvid Figler, had asked the judge to delay the arraignment so a chief judge could review a request for a random court assignment — meaning the case could fall under any Justice Court judge and not automatically in DUI court.

Chief Deputy District Attorney Brian Rutledge labeled the defense’s motion a bid for “special treatment.”

“If their argument had any basis, that would mean we would have to stop DUI court immediately (and) get rid of all the cases because we wouldn’t be able to do it,” said Rutledge, who is in charge of the office’s vehicular crimes unit.

After more than 40 minutes of arguments, Hafen denied the defense’s motion.

“In regard to the random assignment issue, I believe the court has properly exercised its administrative function in addressing the needs of both this court and this community when they created DUI court,” Hafen said. “Furthermore, I don’t believe this court has any inherent bias that would prejudice your client.”

An amended criminal complaint released Friday charges Hosey with nine counts of felony driving under the influence causing death or substantial bodily harm.

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

Metro Police say Hosey was behind the wheel of a Chevrolet Monte Carlo when he apparently lost control while traveling at a high rate of speed 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.

On Thursday, Figler said the defense has received test results showing Hosey with a blood-alcohol concentration of 0.05 or 0.06. He noted that the investigation is ongoing, though.

After the hearing, District Attorney Steve Wolfson said a third blood test indicates Hosey’s blood-alcohol content was more than 0.08. He said specific evidence showing Hosey’s impairment will be presented during a preliminary hearing Oct. 19.

Wolfson also said evidence indicates Hosey was driving more than 80 mph at the time of the crash. “That’s unacceptable. We have people killed and injured as a result of this man’s actions,” he said.

Nichelle Garner, daughter of crash victim Johnni Garner, attended the hearing with her friend Sarah Leal. Leal, who spoke on behalf of the Garner family after the hearing, said they felt a mixture of hurt and anger when Hosey entered the courtroom.

Hosey, wearing standard blue jail attire, appeared with his hands and feet shackled and only spoke briefly to his attorneys.

“We don’t want him released,” Leal said. “We are too nervous that he could take off.”

Leal said that since the crash, Nichelle Garner’s two young daughters constantly ask when their grandma is coming home.

The family will bury Johnni Garner on Saturday.

“Johnni was the greatest person,” Leal said. “She had a calming smile and a warm heart.”

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  1. Where was there information saying he was under the influence of Marijuana? I'm not finding this information. Please link if you're able to.

  2. In a previous comment posted in the Las Vegas SUN, I erroneously placed a large portion of the responsibility for the September 13 tragedy on a company known as Outdoor Promotions, LLC, that supplies the aluminum structures situated beside our roadways. Since publishing my comment, I have learned that Outdoor Promotions, LLC, is not the party responsible for the placement of the structures. That responsibility lies solely in the hands of the Clark County Regional Transportation Commission, who in my opinion have placed thousands of bus stop shelters in harm's way without the knowledge or concent of Outdoor Promotions, LLC.

    Steve Miller, former Clark County Regional Transportion Commissioner

  3. Mr. Miller are you now stating that you are the one responsible for the placement of thousands of bus stop shelters in harms way?

    Some things are not preventable no matter what you do. This accident is proof of that. As soon as you make something idiot proof, a bigger idiot comes onto the scene.

  4. I'd bet VegasNative2011 is a christian.

  5. beside the despicable behavior of this POS, what about the condition of the road? Had the road not been depressed 2 feet because of shoddy work he doesnt loose control of the car.

    The intersection of DI and Durango dips down about 2 feet. You bottom out at the speed limit. Cars have to hit their brakes on a green light to keep control. THATS A PROBLEM.

    The city knows they helped cause the crash by not fixing these roads.

  6. and would someone please shave that disgusting growth off his chin!

  7. VegasNative2011...You are a narrow-minded mean person. You want Hosy to be gang-raped and then fried? The crime he allegedly committed must be extremely vicious, obscene, sadistic, revolting, perverted and profoundly vile. He must be a depraved monster if you want him tortured.

    Dare I ask what he has been accused of? Reckless driving that resulted in an ACCIDENT? So he didn't maliciously intend to kill those people? But he smoked weed the day before so now your contempt makes perfect sense.

    If you can't see the foolishness of punishing someone who ACCIDENTALLY caused the death of four people and someone who premeditated a violent murder for their own sick pleasure then you need psychological help.

    He is 23 years old. He hasn't been on a good path in life. This accident might be just the wake-up call he needs to change and one day become a great man. Human beings aren't disposable and shouldn't be thrown away like trash because of their past mistakes. It doesn't honor the dead to lock someone in a cage for life because the poor and illegal choices they made resulted in a tragic ACCIDENT. But I guess when you were young you never made a stupid decision. So go throw your stone.

  8. Brooke, sorry, but you are wrong. There is INTENT when you so disregard common sense and safety. I consider this a violent crime. Depraved? Yes. This was not an accident.