The son of District Judge Donald Mosley won’t face manslaughter charges in connection with a fatal Henderson crash in November that claimed the life of a 15-year-old girl.
Prosecutors won’t file death-related charges against 16-year-old Michael Mosley because there wasn’t evidence showing he was street racing a pickup that went out of control and killed Olivia Hyten, a passenger.
But prosecutors are charging the pickup’s driver, 16-year-old David Jensen, with involuntary manslaughter and two charges of reckless driving for the Nov. 14 crash.
Jensen told police that he was racing with Mosley before the crash, said Mary Brown, chief deputy district attorney. But other witnesses, including injured teens inside Jensen’s pickup, couldn’t confirm that, she said.
“We did not believe we could prevail beyond a reasonable doubt” if we charged Michael Mosley in connection with the fatality, she said.
In a prepared statement, Judge Mosley said he welcomed the news that prosecutors weren’t filing fatality charges against his son. He said his son stopped to check on the injured teens inside the pickup but didn’t contribute to the crash.
“There was no racing,” Mosley said.
Prosecutors are charging Michael Mosley with driving under the influence and possession of a switchblade knife.
Authorities arrested Michael Mosley on the night of the crash on suspicion of drunken driving and with possessing a spring-loaded knife. His parents have said Michael Mosley’s blood-alcohol content was 0.02 percent, or the equivalent of consuming less than one beer.
Jensen crashed the Chevrolet Silverado pickup on a windy stretch of road on Grand Hills Drive, near Eastern Avenue and Sun City Anthem Drive. Hyten was partially thrown from the truck and died at the scene.
Mosley was driving a Ford F-250 pickup that night. At the time, he was under court order to drive only to and from school and was prohibited from carrying other passengers inside his truck. The court order stemmed from a previous reckless driving case.
Michael Mosley, who is under house arrest, appeared in Family Court today with his parents and several attorneys who are representing him. He wore a green T-shirt and remained silent throughout the hearing.
He is scheduled to appear in Family Court on Dec. 29 to check if a plea could be reached in the case.
Unlike Michael Molsey, who was in street clothes, Jensen was in an orange jail sweatshirt and had his hands shackled to his waist today.
Brown said passengers in Jensen’s truck begged him to slow down on the night of the crash. Right before Jensen lost control of the truck, another passenger said, “I don’t want to … die,” Brown said.
Jensen’s attorney, Bill Terry, argued that Jensen should be released from jail pending his trial. He’s been in jail for 11 days. Terry said, among other things, that Jensen would comply with any court orders like house arrest if he’s released.
Terry also said the radio inside the truck was turned up loudly and it’s possible Jensen didn’t hear his passengers.
But Family Court Judge William Voy ordered Jensen to remain in jail until his Jan. 21 trial.
Contact reporter David Kihara at firstname.lastname@example.org or 702-380-1039.