Jason and Samantha Patchett, parents of Rex Patchett, leave the courtroom after sentencing for Jose Marmolejo at the Regional Justice Center Wednesday, Jan. 25, 2023. Marmolejo was sentenced for the death of eighth-grader Rex Patchett in front of Mannion Middle School on March 7, 2022.
Friday, Nov. 17, 2023 | 2 a.m.
The parents of a teenage boy killed last year by an out-of-control speeding car that struck him while he was on the sidewalk are suing the car’s driver, his passengers, the city of Henderson and the Clark County School District for negligence.
Jason and Samantha Patchett, whose 13-year-old son, Rex, died after being hit in March 2022 outside Mannion Middle School, argue in a court filing that the city and school district should have done something about a hazardous hump in the road.
Additionally, the lawsuit seeks to hold the incarcerated driver, Jose Marmolejo, civilly responsible for his reckless driving and his three passengers for encouraging his unsafe maneuvers. The Patchetts filed the lawsuit, in which they seek at least $135,000, Nov. 7 in Clark County District Court.
“Defendants Henderson and/or CCSD knew that others had engaged in conduct similar to the conduct of Defendant Marmolejo prior to this incident, and failed to take any action to correct the roadway, provide protection to vulnerable pedestrians on the sidewalk area, and/or to otherwise warn drivers and/or pedestrians and/or students and/or students’ parents that the area posed an unreasonable risk of danger and harm due to the manner in which the roadway caused vehicles to lose control,” the suit said.
A CCSD spokesman declined to comment, as the district does not comment on pending litigation. A Henderson spokesman also said the city does not comment on pending litigation.
As to the passengers, the suit said they “encouraged, provoked, urged, and/or motivated Defendant Marmolejo to drive his vehicle recklessly down a hump in the road, and (at) an excessive rate of speed, near a middle school, hoping for a thrill.”
Marmolejo was seen speeding in the area on the evening of March 7, 2022, before he lost control of his Ford Mustang after going over a hump in the roadway on Paradise Hills Drive. This caused the car — which was traveling just under 100 mph, more than 55 mph over the posted speed limit — to hit a curb before ramming onto the sidewalk along the north side of the school, where Rex Patchett was walking. The teen was pronounced dead at the scene.
Marmolejo, now 23, was sentenced in January to two to six years in state prison after pleading guilty to reckless driving resulting in death and child abuse, neglect or endangerment resulting in substantial bodily harm. At the time, that was the maximum sentence in Nevada for reckless driving leading to death.
The Patchetts have since successfully advocated for state lawmakers and the governor to pass Rex’s Law, which increases the sentence for reckless driving in similar circumstances. The sentencing range is now six to 10 years for reckless driving resulting in substantial bodily harm or death while driving more than 50 mph over the speed limit or while driving in a school or pedestrian safety zone.
