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

By Jackie Valley

Published Friday, Sept. 21, 2012 | 9:25 a.m.

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

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.”