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Driver won't face felony
Mother of victim expresses outrage
By FRANK CURRERI
REVIEW-JOURNAL
Veronica Schmidt might have passed out on the morning of March 14, when the 1994 Ford Explorer she was driving plowed through a bus stop and killed four people.
Perhaps the 34-year-old was in the grip of a seizure as her vehicle veered off Smoke Ranch Road, crossed a wide shoulder and hopped the curb near Tenaya Way.
Or maybe an 80 mph wind gust blew her vehicle off course; or she dozed off; or the prescription anti-anxiety drug she was taking played a role in the crash.
Las Vegas police investigators explored all of those possibilities in an exhaustive two-week investigation. But authorities announced Monday that they don't have the answers to what caused the crash and thus cannot charge Schmidt with a felony.
Schmidt, who had trace amounts of the prescription drug Xanax in her system at the time of the crash, will only be charged with two misdemeanors: failure to maintain a travel lane and speeding.
If convicted on both counts, she faces no more than a year in jail and a $2,000 fine.
Sheriff Bill Young said many people, particularly the victims' families, will view the misdemeanor charges as egregiously light-handed. Those killed in the crash were Reginald Williams and Raquel Jimenez, both 16; Angelica Jimenez, 14; and Samantha Gail Allen, 36.
Young expressed sympathy for the families and an explanation: "Not every investigation ends up as we'd like it, and I'm sure there are going to be some folks that aren't too pleased with what we have to say today. But ... we have a set of rules and laws to work with, and that's what we uphold."
Police and prosecutors said the verifiable facts of the case prohibited them from pursuing harsher charges, such as involuntary manslaughter, felony DUI or reckless driving.
Authorities tested Schmidt's blood within two hours of the 7:18 a.m. crash. Toxicology tests showed no alcohol or illicit drugs in Schmidt's system, they said.
Schmidt had approximately 100 nanograms per milliliter of Xanax in her system on the morning of the accident, Las Vegas police Detective Bill Redfairn said. That amount of the prescription anti-anxiety drug is well within acceptable limits, he said.
Witnesses told police that Schmidt had not driven dangerously or improperly in the moments before the crash. Schmidt was not seriously injured in the collision.
A physician's assistant had legally written the Xanax prescription, though he neglected to warn Schmidt of possible side effects or that the medication might cause drowsiness, authorities said. Warnings, however, are typically printed on the medication bottle and included in literature given to patients when their prescriptions are filled.
"It is our belief that her current medication that she is taking, as well as her medical condition, did not contribute significantly to the crash," Redfairn said. "Therefore the recommendation of the impaired driving charge was not warranted. ... We had no evidence of impairment. That was our big difficulty."
Authorities declined to elaborate on Schmidt's medical conditions, citing confidentiality laws.
According to police, Schmidt had slept nine hours the night before the crash. She had recently had knee surgery and was undergoing rehabilitation, but awoke March 14 and "for the first time in a long time, she had actually felt good" before driving her husband to work.
After learning of the misdemeanor charges against Schmidt on Monday, Clara Guardado, the mother of Raquel and Angelica Jimenez , said, "Justice has not been served."
"I think she needs a whole lot longer (in confinement) to think about what she did," said Guardado, who is considering a civil suit against Schmidt. "Maybe if she had stopped drinking and partying she'd realize what she did. If she was behind bars ... maybe that would stop her from killing somebody else.
"I knew that she was going to get off with just a slap on the wrist."
Domestic turmoil has landed Schmidt in jail twice. In November 2003 she was arrested for slapping her husband in the face and grabbing his throat, according to a police report. She was arrested again in August, for another attack on her husband.
It was unclear whether Veronica Schmidt was convicted on the charges.
Veronica Schmidt -- "Ronnie" to her closest friends -- is known as a party girl who spent most nights of the week in Las Vegas bars drinking and singing karaoke, according to people who know her.
One of Schmidt's acquaintances said she would often drink a bottle of whiskey at home before hitting the bar. She continued drinking at the bar until the early morning hours.
"You couldn't keep track," the acquaintance said. "Just nonstop."
"She is a very good partier," said Tracy Allen, who said she and her sister have gone out drinking with Schmidt on numerous occasions. "When she's partying, she's off the wall."
Particularly appalling to Guardado and her family was a televised news account of Schmidt performing karaoke at a northwest valley club less than a week after the crash.
Schmidt, in her only public comments since the accident, spoke briefly to KNTV-TV, Channel 13, saying that when details of her medical condition eventually surfaced it would explain everything.
Police said Schmidt initially failed a field sobriety test, but later pinned the crash on her medical condition.
Authorities estimate that her vehicle was traveling between 37 and 47 mph leading up to the crash. The road's posted speed limit is 35 mph.
Police tested the 1994 Ford Explorer for defects or malfunctions, but found none, Redfairn said.
One difficulty police faced was Schmidt's inability to remember the accident.
"She doesn't have an excuse," Redfairn said. "She doesn't remember. Unfortunately, there are more questions than answers."
Dr. Karen Cruey, a Las Vegas psychiatrist who treats adults, adolescents and children, said Xanax is only prescribed to someone who has "extreme anxiety."
She said it is particularly potent when a patient first begins taking the drug. Police said Schmidt started taking the medication only a couple of days prior to the accident.
"It makes people very tired," Cruey said. "They have to be very careful operating machinery."
Cruey said it is "extremely rare" for Xanax to cause either blackouts or seizures.
Authorities said Schmidt had not undergone medical tests to confirm whether she had a seizure.
Clark County prosecutors said that in order to support felony charges against Schmidt, she would not only have had to be impaired, but also have had reason to believe the prescription medication could impair her.
To support a reckless driving charge, prosecutors would have had to show Schmidt was driving with "willful or wanton disregard" of others.
"In this case, you have someone going two to 12 miles over the speed limit. You just don't have that (willful or wanton disregard)," said Clark County prosecutor Bruce Nelson.
"We wish we had a different result," Young said. "But putting out a phony or fictitious charge just to please the community is not within the rules."
freeandfun1 said:This happened right across the street from my office.
I don't know what to think about this. I don't see how they can't charge her with involuntary manslaughter. She was driving 80 MHP in a 35 MPH zone and right near a high school.
Frankly, I just wonder "who" she knows in Vegas....
Merlin1047 said:Free, you may want to re-read your article. As I read it, they say she was doing between 37 and 47 mph in a 35 zone.
