LAS VEGAS (KTNV) — A Clark County judge has ruled that a 19-year-old accused of crashing into 12 cars in Las Vegas last November, killing three people, will face murder charges.
Jose Gutierrez, 19, is being held without bail on felony charges of murder with a deadly weapon, reckless driving resulting in death, attempted murder with a deadly weapon, and battery.
Prosecutors argue the crash was intentional. Witnesses testified during Gutierrez's preliminary hearing that they saw him drive at high speed into stopped traffic at Jones Boulevard and Cheyenne Avenue, and that he didn't appear to brake or otherwise try to avoid a collision.
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Gutierrez's attorney, Thomas Moskal, told Judge Michelle Leavitt on Wednesday that allowing Gutierrez to be tried for murder will create a slippery slope for future defendants, and the state hasn't proved Gutierrez's actions were willful, deliberate or premeditated.
"It would have been different if they uncovered some kind of motive or some evidence of intent, but the single inference they’re relying on is, judge, allow this to proceed to jury trial on first-degree murder because he was driving fast, he didn’t brake, and he crashed into some cars," Moskal said.
Watch what happened in court:
Prosecutors argued that "there can be no other reasonable inference from his conduct than he intended to drive directly into those vehicles."
"He drove in a straight line directly at a group of vehicles stopped at a red light, and that takes far more willfulness, deliberation, and intent than merely pulling the trigger of a gun, which is an obvious example of first-degree murder," the prosecution said.
Leavitt rejected Gutierrez's challenge, allowing the charges to stand.
Gutierrez has pleaded not guilty. He is expected back on court on March 4 at 8:30 a.m.
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