$522 fine paid in Pinenut fatal
February 26, 2011
MINDEN – One of the drivers involved in a fatal collision last June on Pinenut Road pleaded guilty Wednesday to minor consuming and paid a $522 fine, but did not appear in court.
Ryan Moglich, 18, signed a waiver of appearance in East Fork Justice Court, and entered the plea and paid the fine through his attorney, Tod Young.
He was charged with minor in possession, consuming or being under the influence of an alcoholic beverage, a misdemeanor. The charge arose from a June 5 collision on Pinenut Road that claimed the life of Michael Lombardo, IV, 24.
The victim was a passenger in a car driven by Daniel Delgadillo, 22, of Gardnerville.
Delgadillo was charged with vehicular manslaughter and is to appear in court on March 2. He also was charged with driving under the influence of alcohol and reckless driving on Dec. 12.
According to a report by the Nevada Highway Patrol Major Accident Investigation Team, Delgadillo’s vehicle was traveling west on Pinenut Road between 86-88 mph when it collided with a truck driven by Moglich.
The collision occurred at 12:50 p.m. June 5 when Moglich’s pickup pulled out from a church parking lot turning east on Pinenut into the path of Delgadillo’s westbound Mitsubishi sedan.
According to the NHP report, the speed of the Delgadillo’s vehicle was the “proximate cause” of the accident.
Cited as contributing factors were the presence of alcohol in Delgadillo and Moglich.
The charge against Moglich was based on the fact he had alcohol in his system one hour and 40 minutes after the accident, and the discovery of 1.75 liter bottle of Jack Daniels in the back of the passenger seat in his truck.
According to investigators, the seal was broken on the bottle and it was seven-eighths full.
Following the accident, Moglich reportedly told investigators he had been at a Douglas High School graduation party the night before and consumed six 12-ounce beers and four shots of whiskey. He said he stopped drinking at 3 a.m.
A blood test determined his alcohol content to be .045, below the legal limit of .08 for driving.
Delgadillo said he drank until 3 or 4 a.m. His blood alcohol content was .028. He also had traces of alprazolam, an anti-anxiety drug, in his system.
No one in the Delgadillo vehicle was wearing a seat belt, also cited as a contributing factor.
Moglich and his passengers were wearing seat belts and escaped injury.
Failing to yield to traffic from a private drive was not considered based on the speed of Delgadillo’s vehicle, the NHP said.
Moglich was to appear March 21, but his attorney requested the date be moved up to Wednesday, according to court files.
The victim’s father, Michael Lombardo, said Thursday he was disappointed he didn’t know about the date change, or that Moglich didn’t have to appear.
“It’s almost like he (Moglich) is hiding out in the background so he doesn’t have to come forward and face the consequences. I am very disillusioned about the whole thing. I don’t think the court system should allow him to skate through it. It’s like, ‘A death was involved. So what?’ It’s like my son’s life was worth $522,” Lombardo said.
According to the court file, both sides recommended that no other charges be filed against Moglich, and that there be no jail time. He faced up to six months in jail and a $1,000 fine.
Lombardo said he has heard nothing from the Moglich family.
“If it was me, I would have my son down there on their doorstep begging for forgiveness,” he said.