Jason Patchett, right, talks about his son Rex during an interview at the Patchett home in Henderson Thursday, Dec. 1, 2022. Rex’s friend Brayden Radomski and his mother Christy listen at left. Rex Patchett, 13, was killed by a motorist who lost control of his car on March 7, 2022. Jose Marmolejo, 21, pled guilty to a reckless driving charge and is expected to be sentenced on Jan. 25, 2023.
Sunday, Dec. 25, 2022 | 2 a.m.
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Merry Christmas and happy holidays to readers of all backgrounds and faith traditions.
As families gather for holiday festivities, members of one family in Southern Nevada will have an empty seat at their holiday table this year. They’re mourning the loss of their 13-year-old son. Now they are seeking a critical change to Nevada law and justice for the crimes committed by a reckless driver.
As the Sun’s Katie Ann McCarver reported this month, Rex Patchett was an eighth-grader with a special affinity for the holiday season and a seemingly limitless love for an active outdoor lifestyle.
He was struck and killed by a speeding car on March 7 while walking home from his friend’s house, where they rode scooters together.
The driver of the car, 21-year-old Jose Marmolejo, was traveling about 90 miles an hour on a residential street — attempting to launch his sports car off a commonly known jump called “Mannion’s hump” when he lost control and killed Rex.
Marmolejo was not drunk or otherwise impaired at the time of the collision. He was a joyrider knowingly and consciously putting others at risk so he could chase a thrill.
That’s important because under Nevada law, the maximum penalty for felony DUI resulting in death is 20 years in prison, while the maximum penalty for killing someone while being stone-cold sober yet still making a fully conscious choice to drive recklessly is only six years.
Marmolejo pleaded guilty, meaning he’s eligible for a reduced sentence of 1-6 years of probation — no prison time at all.
How can it be that the penalty for being sober and killing an innocent child while choosing to do something that you know is dangerous is so much less than doing the exact same thing while under the influence of drugs or alcohol?
How can it be that Marmolejo’s horrific choice could take an innocent life and he might only get probation?
Rex’s parents are asking Nevadans to write letters about the impact of their son’s death and the impact of traffic violence more generally on our communities. The letters will be read at Marmolejo’s sentencing hearing in January. Rex’s dad, Jason Patchett, hopes the letters will persuade the judge to go beyond probation.
But more importantly, he hopes the letters will help honor his son’s life by influencing state legislators to take aggressive action to address the state’s growing epidemic of traffic violence — an epidemic that kills more than 300 Nevadans each year, nearly a quarter of whom are pedestrians.
Rex led a short but inspirational life. He was dedicated to bringing laughter, joy and a smile to everyone he met. Jason knows the all-too-painful truth that nothing would bring a smile to his face or joy to his heart more than having his son alive as his family celebrates the holidays. It’s too late for that. But if he can protect someone else’s child and prevent a parent like him from receiving the phone call that all parents dread, then his son would have a legacy of protecting others.
We are not advocating for felony DUI penalties to be reduced. There is no excuse for drinking and driving, period. Nor are we advocating that the 21-year-old driver of the vehicle be locked away for 20 years. He is barely more than a child himself. But even young people must face real consequences if we hope to deter deadly decisions. Probation for recklessly taking the life of a child is not acceptable.
Moreover, investment and regulation are needed to engineer safer streets, calm traffic, increase enforcement, and promote increased education about responsible driving and the consequences of choosing reckless joyriding over the safety of a community.
Members of the Nevada Legislature have the opportunity to address a gross legal oversight, impose meaningful consequences for reckless drivers like Marmolejo, and invest in making our streets safer for all road users. They should do so as soon as possible. Before more lives are lost. Before more young adults are faced with prison time. Before another grieving family is faced with an empty chair at their table.
