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June 2, 2015

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Defense attorneys: Man who drove into bus stop was under legal limit for alcohol

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Steve Marcus

Gary Lee Hosey Jr., the suspected driver of the car that crashed into the bus stop on Spring Mountain Road Thursday, wipes his eyes as he talks with attorney Caitlyn McAmis at the Regional Justice Center Monday, Sept. 17, 2012. Four people died and eight were injured in the accident.

Gary Lee Hosey Jr. Makes Initial Appearance

Gary Lee Hosey Jr., the suspected driver of the car that crashed into the bus stop on Spring Mountain Road Thursday, enters the courtroom for an initial appearance at the Regional Justice Center Monday, Sept. 17, 2012. Four people died and eight were injured in the accident. Launch slideshow »

Fatal Bus Stop Accident

Metro Police investigate after a car crashed into a bus stop on Spring Mountain Road east of Decatur Boulevard, killing four people, on Thursday, Sept. 13, 2012. Launch slideshow »

Bus stop crash driver may not have been drunk

KSNV reports that the blood alcohol level for the man who crashed his car into the bus stop killing four people was not over the legal limit, Sept. 19.

Defense lawyers for Gary Lee Hosey Jr., accused of driving drunk into a bus stop and killing four people last week, say blood tests show he was under the legal limit for alcohol.

Defense attorney Dayvid Figler, who is representing Hosey along with attorney Kristina Wildeveld, said the defense has received test results indicating Hosey had alcohol and traces of marijuana in his system, but his blood-alcohol content was lower than the legal threshold of 0.08 percent.

Based on the test results so far, Figler said it appears “drugs and alcohol did not have a significant impact on the accident.”

Figler said the investigation is ongoing and the defense has not received all the information related to the case. Hosey’s family retained Figler and Wildeveld to serve as his defense lawyers, Figler said.

The hearts of Hosey and his family go out to the victims’ families, Figler said, adding that Hosey is “taking all this real rough.”

Hosey, 23, is scheduled to appear Friday morning in Las Vegas Justice Court, where formal criminal charges will be read. The District Attorney’s Office has not released the criminal complaint against Hosey.

The quadruple-fatal crash happened at about 6:25 a.m. Sept. 13. Metro Police say Hosey was driving a 2001 Chevrolet Monte Carlo at high speed on Spring Mountain Road when he apparently lost control and struck a bus stop near Decatur Boulevard.

Four pedestrians died at the scene: Margoth Gonzalez, 65; Hyon Cooley, 47; Gerber Ayala-Tomasino Jr., 24; and Johnni Garner, 49. Eight others, including Hosey and his four passengers, were injured in the crash.

Hosey told officers he had been at a bar and drank a Budweiser beer before the accident, according to the arrest report. Hosey estimated he was traveling 60 mph in a 45-mph zone immediately before the crash because he was trying to return his girlfriend’s car before she had to leave for work at 7 a.m.

Officers at the scene reported Hosey had bloodshot, watery eyes, slurred speech, an unsteady gait and smelled of alcohol, the report stated. A preliminary breath test showed Hosey’s blood-alcohol level was beyond the legal limit of 0.08 percent, according to the report.

Hosey was arrested in on four counts of felony driving under the influence causing death. He remains in the Clark County Detention Center without bail.

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