Judge asks court to release son arrested after crash that killed girl

District Judge Donald Mosley found himself on the other side of the bench Monday, asking for the release of his handcuffed and shackled son, who was arrested after Friday night's fatal crash on a windy road in Anthem.

Henderson police arrested Michael Mosley, 16, on suspicion of drunken driving and possession of a spring-loaded knife. Authorities believe he might have been street racing a pickup that went out of control on Grand Hills Drive and flipped off the road, killing 15-year-old Olivia Hyten.

"It appears that the fatality was the result of a speed contest between Mr. Mosley and another young man," prosecutor Mary Brown said during Monday's hearing in juvenile court. "If that is established to be the fact, he will be legally responsible, just as the other driver is responsible."

Brown said she was awaiting crash reconstruction reports and blood tests before filing formal charges against the teen. Henderson police planned to file an arrest warrant for the other teen driver by the end of the week, she said.

Michael Mosley's mother, Terry Mosley, said in court that her son's blood-alcohol level was 0.02 percent.

That is the state's legal limit for drivers under 21.

The crash occurred about 11:30 p.m. on a windy stretch of road through Anthem. Hyten was one of four teens in a Chevrolet Silverado pickup that was "speeding along with" a Ford F-250 pickup when it crashed, Henderson police said.

Hyten was partially thrown from the truck and died at the scene.

Michael Mosley was driving the second pickup, authorities said.

At the time of the crash, Michael Mosley was under a court order that prohibited him from driving anywhere but to and from school, Brown said in court. He was also prohibited from carrying teenage passengers, she said.

The court order stemmed from a pending reckless driving case in juvenile court. During an earlier court hearing, prosecutors had asked a juvenile court hearing master to put the teen on house arrest and bar him from driving because of several previous traffic offenses, Brown said.

The court compromised and allowed him to drive to and from school, she said.

Since obtaining his driver's license in March, Michael Mosley has been cited at least three times, according to court records.

In May he was ticketed in Las Vegas for speeding between 11 and 20 mph over the speed limit. That case ended in a conviction for illegal parking, according to court records.

In July he was cited in Henderson for reckless driving at Anthem Hills Park. That case went to juvenile court. During Monday's court hearing, Family Court Judge William Voy mentioned a reckless driving case that involved an "exhibition of power" in a park parking lot.

Michael Mosley also had a pending traffic case in Goodsprings Justice Court, but details of that case were unavailable Monday.

Donald Mosley asked Voy to release his son.

"I can assure you he will not drive any vehicle until the court otherwise makes a determination," he said in his gravelly voice. "Additionally, there will be no drinking, and I would intend to monitor that strictly."

He also wanted his son to return to school so he wouldn't fall behind, he said.

The teen's mother, Terry Mosley, accused the judge of violating a court order to share custody of their son. She also said Donald Mosley left their son home alone for a week while he went on a hunting trip.

"There's a whole different set of rules in my house than there are in Judge Mosley's house," she said.

Donald Mosley defended himself, saying he went to Tulsa, Okla., for a week to settle his father's estate. He said he asked Terry Mosley to care for their son, but she refused, and "this is the result."

The parents have been involved in a long and bitter custody battle over their son.

Voy put a quick end to the back and forth.

"This is not about you all. It's about this young man right here," he said.

He ordered Michael Mosley to remain at the Clark County Juvenile Detention Center until at least next week, when prosecutors were expected to file formal charges. Voy cited the violation of the driving restrictions in making his decision.

Both parents hugged their son separately before he shuffled out of the courtroom.

Terry Mosley could not be reached later Monday.

Donald Mosley referred calls to a public relations firm, which issued a statement on his behalf.

"There is no doubt this is a terrible tragedy," the statement said. "We would ask that the system be given a chance to work. My son will not run from any responsibility he has in this situation."

Contact reporter Brian Haynes at bhaynes@reviewjournal.com or 702-383-0281.