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HIGHWAY CRASH: Trooper charged in deaths

DA says speed of patrol car big factor in filing of charges

By FRANK CURRERI and GLENN PUIT
REVIEW-JOURNAL

A Nevada Highway Patrol trooper was charged Monday with four counts of involuntary manslaughter and five counts of felony reckless driving in connection with a highway crash last month that killed four people and critically injured a pregnant teenager.

Trooper Joshua Michael Corcran, 28, is scheduled to appear in Clark County Justice Court this morning for arraignment and will ask a judge to release him on his own recognizance as the case moves forward, said his attorney, Las Vegas City Councilman Steve Wolfson.
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"I would characterize him as being disappointed, saddened and certainly concerned," Wolfson said Monday night. "But at the same time ... we're looking forward to the day when the full and complete story of what happened that evening comes out."

Corcran, on the advice of Wolfson, has refused to speak with police investigating the crash.

Corcran's agency-issued and marked 2005 Ford Crown Victoria slammed into the back of a 1988 Cadillac on northbound Interstate 15 near Sloan shortly before 9 p.m. on Feb. 19.

Las Vegas police investigated the crash and said an electronic data recorder retrieved from the Highway Patrol car indicated Corcran was driving 118 mph to 119 mph 10 seconds before striking the Cadillac and was going 113 mph at the time of the impact.

The Cadillac's estimated speed was 45 mph to 50 mph, police said.

Police said they found Corcran had told a Highway Patrol supervisor that he was headed home for dinner and needed to hurry up and get home because he had an online history test that he had to take later that night.

Police said they have determined that at the time of the wreck, Corcran was not responding to any calls, emergency or otherwise, and had not activated his vehicle's siren or flashing lights.

District Attorney David Roger said the decision to file felony charges against Corcran was based largely on how fast Corcran's patrol car was going at the time of the crash.

"The fact that the trooper was driving 119 (mph) played a significant role in our decision to charge (him with) felony reckless (driving)," Roger said.

"There are no winners here," Roger said. "We have four deceased victims and one surviving victim who has been injured. We also have a trooper who has been dedicated to a career in law enforcement."

The criminal complaint filed by authorities includes both reckless driving and involuntary manslaughter charges, but Corcran could not be convicted of both.

The involuntary manslaughter charges are considered "alternate counts," meaning if the case goes to a jury trial, jurors would have the option of convicting Corcran of either reckless driving or involuntary manslaughter.

Each count of felony reckless driving carries a punishment of up to six years in prison, and each count of involuntary manslaughter is punishable by up to four years in prison.

Even if he were convicted, Corcran, a lifelong Nevadan and Army National Guard reservist who served in the war in Iraq, could be given probation because he has no prior criminal record.

Defense attorney James Hartsell, a former prosecutor in the Vehicular Crimes Unit of the Clark County district attorney's office, said to prove that Corcran is guilty of felony reckless driving, prosecutors have to show Corcran's actions demonstrated a "willful or wanton disregard for the safety of persons or property."

The legal threshold for a conviction on the manslaughter charges is lower because the crime involves "an individual doing a lawful act in an unlawful manner."

Hartsell said that when someone is charged with felony reckless driving, it usually means someone was committing multiple traffic infractions -- such as running a red light and speeding -- resulting in a victim being seriously injured or killed.

But Hartsell said if a motorist's speed is high enough, reckless driving is still pursued though no other traffic infractions are involved.

"Even with an officer's lights and sirens, you don't get carte blanche when it comes to driving," Hartsell said.

"However, if he's doing something as part of an official duty, then it can raise reasonable doubt."

The Highway Patrol has placed Corcran on paid administrative leave.

Wolfson said he plans to learn more about Corcran's employment status over the next few days. Wolfson said he did not know how the felony criminal complaint filed by the district attorney Monday would affect Corcran's employment with the agency.

Asked whether Corcran, a married father of three, has pondered leaving his profession, Wolfson responded, "I think anybody who has faced what he's faced has to consider all of his options. So he will be looking at all of his options in the next few weeks to few months."

With the criminal charges, Corcran, and the Highway Patrol, might be sued by the families of the people who died in the crash and by the teen who survived.

Killed in the crash were 21-year-old Victor De La Cruz-De Leon, 21-year-old Reymunda Lopez-Vazquez, 42-year-old Jose Sanchez Lopez and 19-year-old Jose Roberto Mejia Lang. Cecilia Lopez Cruz, a 16-year-old who was wife to De La Cruz-De Leon and is pregnant with twins, was the survivor.

Wolfson refused to say whether a police union was paying for all or part of Corcran's legal expenses, which could cost tens of thousands of dollars.

"We are exploring and considering options for trooper Corcran, including the establishment of a defense fund because these cases are expensive, and trooper Corcran may not be able to shoulder the expenses himself," Wolfson said.