Mosley’s son freed from custody

The son of District Judge Donald Mosley will be freed from custody pending charges in a fatal Henderson crash, a juvenile court judge ruled Monday.

Family Court Judge William Voy ordered Michael Mosley freed on house arrest because prosecutors had not filed formal charges in connection with the Nov. 14 crash that killed 15-year-old Olivia Hyten. The 16-year-old had been in custody at the Clark County Juvenile Detention Center since the night of the crash, when he was arrested on suspicion of drunken driving and possessing a spring-loaded knife.

The teen must wear a GPS monitor and can leave his house only for school, Voy said. The boy was released to his mother, Terry Mosley, who will alternate custody with Donald Mosley weekly.

Deputy District Attorney Mary Brown said she could not file charges until receiving the final crash report from Henderson police, who were conducting interviews and reconstructing the crash on Grand Hills Drive, near Eastern Avenue and Sun City Anthem Drive, at the southern end of the valley.

Authorities have said Michael Mosley was street racing with a pickup truck when it crashed on the windy road. Hyten was a passenger in the pickup.

Depending on the results of the investigation, which was expected late next week, Michael Mosley could face manslaughter or reckless driving charges, Brown said.

Charges against the other teen driver were also pending, she said.

"It appears they will certainly file against the other driver," she said.

Speaking in court, Donald Mosley disputed what he called "misinformation," saying three teen witnesses gave statements that there was no street race.

"All three confirm what my son has said, that there was no racing whatsoever," he said.

The teens also said Michael Mosley slowed down and commented that the first truck wouldn't make the curve at its high speed, he said.

He also said his son's blood-alcohol content was 0.026 percent, which was the equivalent of less than one beer.

He asked for his son's immediate release, saying his son's continued detention had "become punitive, in my opinion."

Brown wanted Michael Mosley to remain in custody, citing the teen's history of law breaking that stretched to 2005.

He had a battery case that was resolved informally that year, as well as a pellet gun shooting incident that was reduced and eventually dismissed. He was cited in April with speeding between 31 and 40 mph over the speed limit, and in May he was cited with speeding 11 to 20 mph over the limit, Brown said.

In July he was cited with reckless driving for squealing his tires in a Henderson park parking lot, and in October he was charged with bringing a pellet gun to school that "strongly resembled a real firearm," Brown said. These charges were pending in juvenile court.

At a court hearing on those charges in October, a hearing master ordered Michael Mosley not to drive anywhere but to and from school, Brown said.

That wasn't the case the night of the crash.

"He was out. He was drinking. He was driving," she said.

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