LAS VEGAS (KTNV) — When someone is injured or killed in a DUI crash, it's a preventable tragedy and unfortunately, it's one we see far too often on valley roads.
After a recent incident took the life of their loved one, a family reached out to me asking Darcy, What's The Deal?
WATCH| Darcy Spears speaks to the niece of Marci Weiss, the victim of a fatal DUI crash
Marci Weiss was the literal life of the party.
"She came here and danced, like a real showgirl," her niece Barbie Berkowitz said. "Everybody loved her. She could talk to anybody. Anybody would talk to her. She was open, approachable, warm."
She loved nights out on the town with her best friends, including local legend Monti Rock.
"He would review all the new shows and acts, so he would take her. He would ... she was his plus one."
Weiss' bright light faded on July 3, when she was on her way home from dinner with her best friend, Jean.
"At 12 o'clock on the dot, my cell phone rang. I see Jean Delano's cell. It's my aunt's best friend. If I get a call from her, something's wrong," Berkowitz said. "She says 'Barbie, it's Jean. Listen. Your aunt was in a terrible accident.'"
Weiss had just made a left turn near Mountain Vista and Rawhide when she was hit by another vehicle, driven by a man later identified as Carlos Lee.
"He came barreling out of nowhere and her car spun three times and ended up across the street on the curb. He, on the other hand, got out and ran."
Lee's attorney tried to explain his actions in court during a sentencing hearing last week.
"Following the tragic accident, Carlos returned home to tell his wife what had happened because his phone wasn't working — a decision that he acknowledges was a mistake," his attorney said. "He did return to the accident scene promptly and did speak with officers."
A witness gave the family video from the scene. Weiss never made it back home. She was taken to Sunrise Hospital, suffering from multiple injuries. At Lee's sentencing hearing, Berkowitz detailed that devastating hospital stay for District Court Judge Michelle Leavitt.
"The trauma ICU docs gave me an overwhelming list of injuries, which include, but are not limited to, fractured neck that required the spinal surgery I mentioned, broken ribs, a broken sternum. A contused heart and abdominal lacerations."
Weiss held on for 34 days.
"Truthfully, he killed her the second he hit her. It just dragged out for a torturous month before she actually took her last breath."
Weiss' family and friends had concerns about how the case was prosecuted because Lee was initially facing multiple felony charges, including a hit and run charge. We took their concerns to District Attorney Steve Wolfson.
Darcy Spears: "This case didn't go to trial. It ended in a plea deal. Sometimes when people hear that word, they think it means justice was not served. What happened here?"
Steve Wolfson: "This person plead to the most serious charge."
Lee pleaded guilty to DUI causing death.
"As a prosecutor, it's hard for us to turn down a person that wants to plead guilty to the most serious charge," Wolfson explained. "The public needs to realize that when a person pleads guilty, there's no trial, so there's no potential errors that occur at trial and errors do occur. Sometimes defense lawyers are ineffective, and years later, the case gets reversed and we have to start over. So there's no appeals when a person pleads guilty."
Wolfson also explained the time frame between the time of the incident and time of conviction is shorter. He also added that when suspects take plea deals, it spares victim families and friends from having to relive some of their worst memories at trial.
"They've been through enough and testifying in a public courtroom is not fun. It's terrible," Wolfson said. "The idea that you're talking about a loved one and have to talk to strangers, as jurors, and tell them how you've suffered. A lot of people don't want to go through that."
Wolfson has long been fighting for stiffer sentences and stricter penalties on DUI cases.
"Not just the felonies, the misdemeanors as well," he said.
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Gov. Lombardo's recently-passed crime bill did include increases in some DUI penalties.
"But in my opinion, not enough," Wolfson said. "I'll never forget. I met with the mother of a 12-year-old boy just a couple of months ago. She lost her 12-year-old boy in a DUI fatal. When I told her the maximum sentence that this offender could receive was 20 years in prison with parole eligibility after eight years, he'd probably get out in six or seven. The mother turned to me, I'll never forget it, and she said, 'You mean the guy that murdered my son may only do six or seven years?' That's the tragedy behind this."
Weiss' family agrees with Wolfson that certain DUIs should be classified as murder. Over the last few years, the D.A.'s office has tried charging some of the most egregious DUI offenders with second-degree murder, but the Nevada Supreme Court wouldn't allow it.
"He made a choice to drink and get behind the wheel and he slammed into an innocent person and took her life," Berkowitz said. "What isn't murder?"
In the prior cases, justices said that because there was already a felony DUI death statute on the books, prosecutors couldn't also charge somebody with second-degree murder.
"So we've gone to the legislature, they did not see it our way this time and that's fine, but we're gonna keep trying," Wolfson said. "I think in those cases that I mentioned where the driving is so crazy, the 100 miles an hour, speeding in and out of traffic, that's a lot worse than your typical DUI, so it should receive worse punishment."
Berkowitz says judges have the power to send a message on their own.
"What I'm hoping for is that he will get the maximum sentence of 20 years behind bars. Is it justice? I mean, it's hard to say because you can't ever bring someone back."
How often do we see that maximum 20-year penalty imposed?
"Every case is different," Wolfson explained. "People with prior criminal histories usually get a stiffer sentence than a person with no prior record and we have judges. They're all different."
Judge Leavitt imposed a sentence of six to 15 years in prison. Lee will be eligible for parole much sooner.
After sentencing, Berkowitz sent us an email asking "Why have an outside number of 20 years when no one ever gets it? Why even have it part of the equation as a hope for some victims' families? Almost feels defeating before you even begin."
Lee did speak to Weiss' family during the hearing and addressed them directly.
"There's no excuse for my actions that day," Lee said. "I want to apologize to the family. To the family, with everything that I have, I'm so sorry for what happened."
But for Berkowitz, those words ring hollow.
"Carlos Lee is a murderer."
For Weiss' family, they hold out hope that her story will help create greater accountability for DUI drivers that take people's lives.
In another push for accountability on a much less serious level, Weiss' family told us that EŌS Fitness continued to charge Weiss' account in July and August — even though they showed the gym proof that she was in the hospital and had then passed away. After some initial back and forth, Berkowitz says EŌS ghosted her.
We emailed their corporate headquarters on her behalf and that quickly changed. They sent us the following statement.
"When EōS is formally made aware of a member’s passing, it’s our policy to cancel their membership. We work directly with the family or authorized representative to resolve the account as quickly and sensitively as possible.
We regret the confusion this caused the member’s family. We’ve issued a refund and have since spoken directly with their family member to confirm the account is fully resolved."
Is there something in your community you'd like Darcy to look into? Contact her at 13Investigates@ktnv.com.
