Thursday, Nov. 29, 2001 | 10:58 a.m.
A Henderson woman entered a plea agreement Wednesday in what may be the first case nationally where cell phone use was blamed for a deadly crash.
Although Karen Morris may not be going to prison, her guilty plea will help educate the public about the dangers of using a cell phone while driving, Chief Deputy District Attorney Gary Booker said.
According to police, Morris, 34, was talking on a cell phone March 25 when she sped through two red lights at 65 mph and struck another vehicle, killing Leona Greif, 61, and Marcia Nathans, 65.
Nathans' son, Elliot Nathans, sustained severe head injuries in the crash. Morris and her 7-year-old daughter received minor injuries.
The multiple count indictment filed against Morris was likely the first time in the nation's history that a prosecutor would try to link a cell phone to a fatal accident, Booker said prosecutors found. A spokeswoman for a cell phone trade association agreed that she had never heard of a similar case.
Prosecutors will never get to test their theory with a jury, however. Morris avoided trial by pleading guilty to three counts of reckless driving. She avoided a potential maximum sentence of 18 years in prison.
District Judge Nancy Saitta is expected to place her on five years' probation Jan. 23. Morris' plea agreement also calls for her to give up driving privileges for five years, spend 26 weekends in jail, perform four hours of community service every week for five years and obtain counseling, Booker said.
Should Morris violate the terms of her probation, she could receive a four- to 12-year prison sentence, Booker said.
Although it isn't against the law in Nevada to drive while talking on a cell phone, Booker said he intended to show that Morris was guilty of reckless driving, because the cell phone prevented her from paying full-time attention to her driving.
The evidence was clear that Morris drove through two red lights and was driving 20 mph above the posted speed limit, Booker said. And he was confident he could prove those two factors were the result of her cell phone usage.
He offered the plea agreement for a number of reasons, he said.
Morris did not have a past criminal or bad driving record; there wasn't much of a chance of her repeating her actions; and it was unlikely that a judge would send her to prison, Booker said.
"I've never had a first-time reckless driver go to prison," Booker said.
Booker said he also took into consideration the feelings of the victims' family members. None wanted Morris' daughter to grow up without her mother. "What we all wanted to do was impress upon her the incorrectness of her actions without her having to go to prison," Booker said.
Nathans' and Greif's family members declined to comment Wednesday, saying they preferred to wait until Morris is sentenced.
Morris' attorney, John Lukens, did not return repeated calls seeking comment.
Booker said that although he hasn't received any calls from national groups interested in the possible correlation between cell phones and driving, he knows there is local interest.
"I was in a Starbucks the other day and people were talking about it, and they weren't talking to me," Booker said.
But there's not been much interest in banning cell phone use by drivers.
A county ordinance requiring cell phone users to use hands-free units, proposed by Clark County Commissioner Erin Kenny, got only one vote last month.
Another proposed cell phone ban in the 1999 Legislature didn't make it out of committee, because legislators couldn't find anyone to speak out on behalf of the bill.
The proposal set penalties of up to six months in jail and a $1,250 fine for driving while on a cell phone.
On Wednesday Kenny said she believes the Morris plea agreement was well thought out. Morris is clearly remorseful and putting her in prison would only hurt her child, Kenny said.
The commissioner added that she believes state lawmakers will one day pass cell phone legislation.
In the meantime, Kenny said, "I only hope that -- although there are no laws on the books that mandate people change their behavior -- that people will take voluntary, responsible action and drive with a hands-free unit."
Dee Yankoskie, manager of the Wireless Education Programs for the Cellular Telecommunications & Internet Association, said she believes there are enough laws on the books already that address distracted drivers.
"The wireless industry fully supports the strict enforcement of laws to include fines and penalties for individuals engaging in any irresponsible activity while driving, including the irresponsible use of a wireless phone," said Yankoskie, who expressed her sympathy for the victims' families.
"Driving requires that each of us make good judgments. ... Should I turn around now and look at the kids in the back? Is this a good time to change CDs? Is this the right time to make a call?" Yankoskie said. "Drivers mustn't forget that when operating a motor vehicle they should exercise good judgments, drive responsibly and make safety their number one priority - no matter what."
According to a study published by the New England Journal of Medicine in February 1997, the chances of a collision when using a cell phone are four times higher than when a driver is not using a cell phone.
The odds are the same for someone who is driving drunk, the study says.
It adds that the odds of an accident are the same regardless of the type of phone -- hand-held or hands-free.
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