Judge dismisses two charges in fatal DUI case

A judge on Tuesday dismissed some charges for a man accused of killing one passenger and injuring another in a DUI crash.

Jakari Miles, 22, still faces charges of DUI resulting in death and reckless driving resulting in death in connection with the July crash that killed Roberto Navarro-Rico, 28. At the time, Navarro-Rico was in the backseat as he, 23-year-old Kosmas Sanchez and Miles were heading from the Spearmint Rhino Gentleman’s Club to Circa, according to police.

Following a September preliminary hearing, Las Vegas Justice of the Peace Joe Bonaventure said that without Sanchez’s testimony, there was insufficient evidence to support two of the counts related to Sanchez, which involved allegations of substantial bodily harm.

The judge bound Miles’ case over to District Court on the fatal DUI and reckless driving counts. His decision allows the case to proceed to trial on those charges.

The Metropolitan Police Department said Miles slammed the car he was driving — at 56 mph in a 35 mph zone — into the back of a parked semi-truck on Highland Drive south of Edna Avenue, west of the Strip.

Prosecutors have said his blood alcohol content was measured at 0.21 and 0.20 percent following the crash, more than twice the legal limit of 0.08 percent.

Miles appeared in court out of custody.

‘A death resulted because of it’

Defense attorney Andrew Leavitt argued against a chemist’s affidavit about Miles’ blood alcohol level, saying prosecutors did not show the scientist was qualified as an expert. He said prosecutors did not present enough evidence to support the DUI resulting in death charge and did not provide sufficient evidence Miles was incapable of safely driving.

He also asserted that his client’s driving behavior did not count as reckless driving.

And he said Sanchez never testified, but that another witness observed he was walking normally and reported he was fine after the crash. Sanchez suffered no broken bones, but had a laceration that required repair, he said. The attorney indicated prosecutors also did not show that Sanchez suffered prolonged physical pain.

Deputy District Attorney Sammy Lamb said prosecutors presented testimony and exhibits that supported the charges.

The chemist discussed her qualifications and prosecutors showed she was a qualified expert, Lamb said.

“This man was speeding 20 miles per hour over the speed limit, failed to maintain a lane and, something that Mr. Leavitt ignored, hit a parked tractor trailer,” the prosecutor told the judge. “This isn’t somebody who just bumped a curb or something like that. He hit a parked vehicle. This is somebody who was very clearly incapable of safely driving and a death resulted because of it.”

Miles was also under the influence of MDMA and marijuana, she said.

Victim’s mother critical of judge’s decision

As for Sanchez, Lamb said prosecutors showed he suffered a deep laceration to his wrist that needed stitches, bled profusely and was staggering when he exited the car, supporting allegations that he suffered substantial bodily harm.

She said after court that Sanchez did not appear at the preliminary hearing despite a subpoena.

“Unfortunately, when victims in the defendant’s vehicle are unwilling to participate in the process, it makes it difficult for the state to be able to prove charges that are very clearly provable if they were participating,” she said.

Sanchez could not be reached for comment.

Mariana Rico, victim Navarro-Rico’s mother, said after court that she thought the judge’s decision was unfair and that he shouldn’t have dismissed any counts.

“I just wish my son never got in that car,” she said.

Contact Noble Brigham at [email protected].