Pubdate: Sat, 17 Feb 2001
Source: Salt Lake Tribune (UT)
Copyright: 2001 The Salt Lake Tribune
Contact:  143 S Main, Salt Lake City UT 84111
Fax: (801)257-8950
Website: http://www.sltrib.com/
Forum: http://www.sltrib.com/tribtalk/
Author: Tom Gorman, LA Times

DRIVER'S CONVICTION TESTS NEVADA DRUG LAW

LAS VEGAS  A jury Friday convicted a driver of killing six teen-agers on a 
county work crew under a new Nevada law that prohibits driving with illegal 
drugs in one's blood -- even if the driver is not impaired.

Because prosecutors were unable to prove that Jessica Williams was under 
the influence of drugs, the only other option for jurors was to acquit the 
driver, or convict her of involuntary manslaughter or reckless driving -- 
charges carrying lighter sentences.

Defense attorney John Watkins, whose client now faces up to 120 years in 
prison at a sentencing hearing March 30, said after the verdict he will 
challenge the constitutionality of the law, which Nevada legislators 
adopted two years ago.

But more immediately, Watkins said he will ask the trial judge next week to 
throw out the conviction because blood samples were not refrigerated after 
testing for drugs, thereby not properly preserving blood for retesting 
months later by the defense.

Williams, a 21-year-old dancer, had been awake for 24 hours when, on March 
19, her vehicle plowed into the youngsters. According to testimony, she got 
off work at a local topless club and with a co-worker took Ecstasy and 
smoked marijuana in the desert. The tragedy occurred on her drive back home.

The trial was emotionally wrenching, with jurors -- and victims' families 
- -- shown graphic photographs of the carnage.

Williams did not testify on her own behalf. Her attorney argued that even 
though she had taken drugs, she was not impaired by them, and had simply 
fallen asleep at the wheel.

The jury apparently agreed. Jurors declined to convict Williams on charges 
of involuntary manslaughter, reckless driving or even driving under the 
influence of a controlled substance. But they did find her guilty of 
driving with an illegal drug in her blood.

The jury also convicted Williams of two lesser marijuana charges unrelated 
to driving. Because these were first-time convictions for Williams, she 
will receive probation on those counts, prosecutors said.

The question of whether the county should be held responsible for allowing 
teen-agers to work in a freeway median, about 15 feet from speeding 
traffic, remains unresolved. The families have filed civil wrongful-death 
lawsuits claiming the county is culpable for their children's deaths.

After the tragedy, the county quickly stopped using teen-agers on freeway 
work crews.

The six teens -- five of whom died at the scene and a sixth who died the 
next day -- were working off convictions for minor juvenile offenses by 
serving on the freeway clean-up crew.

Williams offered a barely noticeable smile as the verdict was read.

Outside the courthouse, relatives of the victims said they were pleased 
with the verdicts.

"I'm very satisfied," said Dale Booth, who lost his 16-year-old daughter, 
Jennifer. "She massacred six young people . . . and [after the accident] 
not once did she go over to help my daughter. She just stood there and 
smoked a cigarette."
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