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Attorney says driver takes responsibility for deadly bus stop crash, denies being impaired


Steve Marcus

Gary Lee Hosey Jr., the suspected driver of a car that crashed into a bus stop on Spring Mountain Road Thursday, Sept. 13, 2012, makes an initial appearance at the Regional Justice Center Monday, Sept. 17, 2012. Attorney Caitlyn McAmis is at right. Four people died and eight were injured in the accident.

Updated Friday, Oct. 19, 2012 | 11:10 a.m.

Man accused in bus stop crash waves right to challenge charges

KSNV reports that DNA swabs are asked for passengers in Gary Hosey Jr.'s car to prove he was sitting in driver's seat, Oct. 19.

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 »

Gary Lee Hosey Jr. admits responsibility for the accident last month that killed four people waiting at a bus stop but denies he was driving while impaired, his attorney said Friday after a hearing in Las Vegas Justice Court.

During the court appearance, Dayvid Figler, Hosey’s attorney, waived his client’s right to a preliminary hearing, meaning the case against Hosey will be heard in Clark County District Court.

“Having reviewed all the witness statements and having reviewed the scientific and forensic evidence, it doesn’t seem like there would be any significant benefit to a full preliminary hearing today,” Figler said.

Hosey, 24, is scheduled to be arraigned in District Court at 1:30 p.m. Oct. 31.

After the hearing, Figler said Hosey had taken responsibility for his actions and was “extremely remorseful” but contended that speeding, not drugs or alcohol, was the primary factor in the crash.

“Mr. Hosey takes responsibility for his actions. … We’re going to continue to go forward with this case and come to a resolution we hope will be fair for everybody,” Figler said.

Hosey remains in custody at the Clark County Detention Center on $4 million bail.

The fatal crash happened the morning of Sept. 13 on Spring Mountain Road near Decatur Boulevard.

Metro Police said Hosey was behind the wheel of a Chevrolet Monte Carlo traveling at a high rate of speed when he apparently lost control and slammed into the bus stop.

The criminal complaint alleges Hosey’s blood-alcohol level exceeded the legal limit of 0.08 percent, based on blood samples taken within two hours of the wreck. In addition, the complaint alleges Hosey had more marijuana in his blood than the law allows.

The defense, however, has asserted that Hosey’s blood-alcohol content was below the legal threshold of 0.08.

Figler said Nevada’s marijuana laws were among the most stringent in the nation but science did not support the state’s definition of marijuana intoxication.

“Scientifically (the law) doesn’t have a great basis, but politically it is something very powerful,” Figler said.

In the courtroom Friday morning, members of Hosey’s family and what appeared to be family and friends of victims of the crash looked on during the short hearing.

Afterwards, the three passengers who were riding in the car with Hosey when the crash occurred were served search warrants to obtain DNA samples.

Chief Deputy District Attorney Eric Bauman said the samples would be used to help identify where each of the passengers was sitting in the vehicle at the time of the accident.

Figler, who does not represent any of the three passengers, called the incident a “curious sideshow.”

“It’s all very confusing,” Figler said. “I’m not sure why the state decided they wanted to randomly take DNA from people who were at the scene and what they’re going to with that.”

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