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April 18, 2014

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Court awaits independent lab’s test results for case against driver in deadly 2012 bus 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.

A California lab is still waiting for a check from Clark County before it will test blood samples taken from the driver in the aftermath of a horrific one-car accident last year that killed four people at a Las Vegas bus stop.

During a status check Friday in Clark County District Court, it was disclosed that the expected independent test results on Gary Lee Hosey Jr.’s blood sample were not ready and it could be another 60 days before the results are in.

The criminal complaint against Hosey alleges that a blood sample taken within two hours of the accident on Sept. 13, 2012, showed Hosey’s blood contained alcohol and marijuana above the .08 legal limit.

Hosey’s defense lawyers contend his blood-alcohol content was below the threshold.

A new status check was set for July 5, but attorneys Friday said it was unlikely the test results would be ready by then, either.

Because Hosey is being represented by a public defender, Clark County needed to approve funding for the retest. While the approval has been granted, a check has not been cut so that the California lab can be paid in advance of the tests.

Both the defense and prosecution estimate it will take about 60 days to get the results.

When trying to decide whether to set a trial date or wait until the next status check, District Judge Jennifer Togliatti remarked Friday she knew they were dealing with “county years” which are like “dog years.”

The blood test, eyewitness testimony and an accident reconstruction are what Chief Deputy District Attorney Eric Bauman says will be the prosecution’s key pieces of evidence when the case goes to trial.

Bauman said he expected there would be slight differences in the county’s test results and the independent lab’s test results since it has been awhile since the original test. Additionally, he said, the California lab might use a slightly different method.

If the results were to come back radically different, Bauman said he would question the testing.

In addition to the four counts of driving under the influence of drugs or alcohol resulting in death, Hosey faces five counts of driving under the influence of drugs or alcohol resulting in substantial bodily harm, according to the criminal complaint.

Bauman said he would expect the case to go to trial sometime in the fall.

Hosey remains in Clark County Detention Center with bail set at $4 million.

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