Wednesday, July 09, 2003
Copyright © Las Vegas Review-Journal

Williams proceeding on hold indefinitely

Judge waiting for state high court to rule

Jessica Williams is seen during a jailhouse interview on April 3, 2001, at the Clark County Detention Center. REVIEW-JOURNAL FILES

A judge ordered an indefinite delay Tuesday in the prosecution of Jessica Williams on charges arising from a March 2000 accident that killed six teens.

Williams had been scheduled to go to trial next month in connection with the accident in which her vehicle veered into the Interstate 15 median where county officials had assigned a road crew to collect trash.

District Judge Michael Douglas, who in February overturned the conviction arising from Williams' first trial, decided to stay those proceedings Tuesday.

The judge noted that prosecutors have appealed his ruling to the Nevada Supreme Court.

He said he believes his decision is on solid legal ground. But he said it is possible the justices will reinstate the conviction for which Williams was sentenced to 18 to 48 years in prison.

He said it would make no sense to have the county pay for a second trial only to find out later that the first trial was validated.

"The county treasury does not like to spend money for things it does not get," Douglas said.

Defense attorney John Watkins said it could take years to resolve the case, depending on how long it takes the Supreme Court to rule on prosecutors' appeal. The appeal has not been fast-tracked, meaning its contents will not be reviewed immediately but will be heard in the normal course of the court's operations.

Outside court, Watkins questioned why prosecutors have repeatedly refused to discuss a potential plea agreement. "I approached the state and they said no negotiations," he said.

"The only thing I can think of is ... political pressure," Watkins said.

The defense attorney said the county wants to place all the blame for the crash on Williams. No county official has been fired or charged with a crime for telling the road crew, whose members had committed such infractions as violating curfew, to collect trash in the median.

Prosecutors bristled at Watkins' remarks, saying politics had nothing to do with their decision not to negotiate.

"There's nothing to negotiate," Clark County prosecutor Gary Booker said. "It would be unfair to the jury (which convicted Williams), the victims' families and the community."

Killed in the crash were Alberto Puig, 16; Maleyna Stoltzfus, 15; Rebeccah Glicken, 15; Jennifer Booth, 16; Anthony Smith, 14; and Scott Garner Jr., 14.

In 2001, jurors acquitted Williams of driving under the influence of a controlled substance but convicted her of driving with a prohibited substance in her blood, which carries the same penalty.

To reach their decision, jurors had to find that Williams either had THC, a chemical found in marijuana, or carboxylic acid, a THC metabolite, in her system. They did not have to say which theory led to their decision.

Defense attorneys argued that carboxylic acid is not a prohibited substance. Douglas agreed, ruling in February that legislators failed to list the specific metabolite in the law.

"I understand their intent, but it's not written the way that it should be written," Douglas said in February.

Prosecutor Bruce Nelson said if the state wins its appeal of Douglas' ruling, any potential plea negotiations would be irrelevant. "There is nothing to negotiate because she has already been convicted," Nelson said.

Garner's father, Scott Garner Sr., said he would not support any plea agreement that called for a prison sentence shorter than the one Williams is already serving.

"I asked for 50 years and she was given (up to) 48, and I want to see that time served," Garner said. "I can't speak for the rest of the parents but Scott Garner has a life sentence. My son was taken away from me for life."

Garner also said that as long as the county leaders who placed the teens alongside the roadway are not prosecuted, justice will not be served.

"She (Williams) played her part in this, but it is a shame, a disgrace, an embarrassment for this city and this county that these public officials are hiding behind the bodies of six children," Garner said.

Williams, 24, remains in the Southern Nevada Women's Correctional Facility in North Las Vegas.