LAS VEGAS (KTNV) — A Clark County judge has once again ruled to uphold charges of murder and attempted murder against the driver accused in a 12-car crash that killed three people, including his pregnant girlfriend.
Court records filed on May 22 reveal Judge Michelle Leavitt declined a motion by Jose Gutierrez's defense counsel seeking to have the charges dismissed.
Gutierrez, 20, was behind the wheel of an Infiniti sedan that slammed into stopped traffic at the intersection of Cheyenne Avenue and Jones Boulevard on November 18. Witnesses and police have testified that Gutierrez was speeding and did not appear to make any attempt to avoid the collision.
The crash killed Gutierrez's 20-year-old girlfriend, Adilene Duran Rincon and 38-year-old Edward Garcia. Vanessa Lainez Vasquez, 25, was critically injured and later died at an area hospital.
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This is at least the second time Leavitt has been asked to dismiss the charges. Gutierrez's defense attorney, Thomas Moskal, had argued Gutierrez should be charged with DUI resulting in death because a toxicology report found THC in his system after the crash. Moskal also argued prosecutors with the Clark County District Attorney's Office have not provided sufficient evidence of intent to kill.
Chief deputy district attorney Kenneth Portz pushed back on that point during a May 13 court hearing, saying the prosecution had "presented this court with evidence, not only of, you know, the video and the facts of the case, but that the defendant has a domestic violence history with [Duran Rincon], that there was evidence that one of this MOs for intimidating the victim was to drive the vehicle fast."
"All of that is going to be incorporated in this case at some point and part of the evidence that's presented to the jury and that would constitute further evidence of intent to kill," he added.
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Moskal has also argued that charging his client with murder goes against precedent set by the Nevada Supreme Court. During the May 13 court hearing, Moskal indicated he intends to re-file an appeal to the Nevada Supreme Court seeking dismissal of the murder charges.
"I mean, the whole point of today is for me to be able to refile that writ...to the Supreme Court with the toxicology in there," Moskal said.
Gutierrez is expected back in court on June 10, where Leavitt said his trial date will be re-set.
He has pleaded not guilty to nine felony charges, including three counts of murder with use of a deadly weapon, three counts of reckless driving resulting in death or substantial bodily harm, attempted murder with a deadly weapon, battery with a deadly weapon, and reckless driving resulting in substantial bodily harm.
In Nevada, a charge of reckless driving resulting in death carries a potential sentence of one to 10 years in prison. The punishment for second-degree murder is 25 years to life in prison.
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