Gary Hosey talks with attorney Kristina Wildeveld in court Friday morning
LAS VEGAS (FOX5) -
The attorneys for the man who crashed into a bus stop, killing four people, claim there is a discrepancy regarding how impaired he was at the time of the impact.
"I want my client to have a fair trial and a fair preliminary hearing," said Kristina Wildeveld, co-counsel for Gary Hosey.
Following a Friday morning court appearance for Hosey, Wildeveld told FOX5 Hosey's blood alcohol level was tested below the legal limit of .08 in the hours after he crashed his Chevy Monte Carlo last week.
"After two hours it was .06, and after three hours it was .05," she said.
Toxicology reports obtained by FOX5 show that is true. The crash happened at 6:25 a.m..
A blood test was performed at 8:23 a.m. and registered .063. Another blood test was done at 9:41 a.m. and was .054.
Las Vegas defense attorney Marc Saggese - who does not represent Hosey, but frequently counsels DUI cases, said the timing of the tests are key.
"As long as it's done within two hours, it's considered accurate... and in this case there were multiple tests," he said.
The test performed at 9:41 a.m. would likely be inadmissible.
The tests performed on Hosey also included a breathalyzer on the scene which, according to his arrest report showed he was "over the illegal percentage of .08."
"We haven't seen any results from the breathalyzer test, and quite frankly the initial tests that are being referred to are inadmissible in a court of law because of their unreliability," said Hosey's co-counsel Dayvid Figler.
On Friday, the Clark County District Attorney's Office said there was another blood test performed 45 minutes after the crash. The results are pending but D.A. Steve Wolfson isn't worried.
"We have evidence of alcohol and marijuana and speeding 90 mph. That's a crime and people died as a result of those actions," he said outside the courtroom.
Family and friends of the victims said the controversy just adds to the stress.
"It made us very, very, very nervous and we're still very concerned about it," said Sarah Leal, a family friend of deceased victim Johnni Garner.
Since blood tests showed that Hosey had a level of marijuana in his system that also classifies him as being impaired, Saggese told FOX5 that finding only adds to the prosecution's case.
"This case is taken very seriously, and ultimately the conviction can rest on the marijuana alone, no question," Saggese said.
Wolfson said his office will present his findings to the judge on Oct. 19, at which point it will be decided if there's enough evidence to go forward.
Copyright 2012 KVVU (KVVU Broadcasting Corporation). All rights reserved.
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