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.
Local News
Police release body camera footage showing aftermath of fatal 12-car crash
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.
-
Police, SWAT respond to active barricade, surrounding residences evacuated
We're learning about an active barricade the Las Vegas Metropolitan Police Department and SWAT are responding to on Thursday night.
Las Vegas SWAT standoff ends with one in custody
We're learning about an active barricade the Las Vegas Metropolitan Police Department and SWAT are responding to on Thursday night.
2 suspects arrested in shooting of off-duty Las Vegas corrections officer
Two suspects were arrested Monday in the shooting of an off-duty corrections officer last week, according to the Las Vegas Metropolitan Police Department.
[RAW VIDEO] Gunman sought by police in shooting of LVMPD corrections officer
Las Vegas police seek help identifying the gunman who shot an off-duty corrections officer in the area of Cheyenne Avenue and Buffalo Drive on Monday night. [Video courtesy Las Vegas Metropolitan Police Department]
