Woman to be tried on 15 counts in fatal DUI

DAYTON - A judge ruled Monday that a Stagecoach woman will be tried on more than a dozen felony counts related to a June accident that killed one person and injured four others.

Justice of the Peace William Rogers found there was enough evidence to try Mary Ellen Walker, 53, on 15 counts related to drunken driving, including a count of drunken driving causing death in the June 17 accident at Highway 50 East and Apache Drive in Stagecoach that claimed the life of Linda Humes of Fernley.

Rogers also refused to reduce Walker's $100,000 bail.

"I feel the defendant is a flight risk and a severe danger to the community," Rogers said.

During Mondays' testimony, pathologist Christine Elliott stated Humes, 57, suffered "substantial injury to the skull, numerous fractures and injury to the brain itself," resulting in her death when she was ejected from the Ford Explorer in which she and four friends were riding.

According to police records, Walker was attempting to cross the highway when she allegedly failed to yield to the eastbound Ford Explorer driven by Alan Pusatero, 58, of Fernley at 11:57 p.m.

Pusatero's vehicle overturned several times, ejecting Humes, who was seated behind the front passenger. Humes was pronounced dead at the scene.

Fonda Pusatero, 57; Philip Cattaneo, 54; and Lorene Cattaneo were also passengers in the Ford Explorer. They, along with Alan Pusatero, were taken to Washoe Medical Center by helicopter or ambulance.

Diane Machin, a Washoe County Sheriff's Office forensic toxicologist, said Monday that three blood draws taken from Walker between 1:16 a.m. and 2:52 a.m. came back with blood-alcohol levels between .25 and .22, nearly three times the legal limit of .08.

Trooper Chava Rothschild testified that Walker said, when questioned at the scene, she had two Heinekens and then said at the jail she drank seven Heinekens.

When Fonda Pusatero took the stand, the walker and leg brace she was using for the severed Achilles tendon she sustained in the collision made it difficult for her to navigate the tight quarters near the bench.

After several minutes of the judge, bailiff and attorneys trying to accommodate her, Pusatero - flush with embarrassment and apologetic - decided she would use the wooden witness box to pull herself into its seat.

When she was finally settled, Pusatero told Rogers her husband, Alan, was still in the hospital recovering from a closed-head injury, skull fracture and wrist fracture. She said for the first week of his hospital stay he was in a drug-induced coma. She went on to describe her other injuries: broken ribs, a broken finger and severe damage to three other fingers, which she describes as being "ground to the bone."

"I can't wash my hair without using surgical gloves because my nails are coming off," she said. She said she was unsure if she'd be able to work again as a typist and a telephone operator.

Victim Lorene Cattaneo, 54, had her arm in a sling to keep her broken shoulder immobile when she testified. She said since the accident she hasn't been able to close her hand and takes medication for anxiety and pain.

Her husband, Philip Cattaneo, 54, who was sitting behind the driver seat when the accident occurred, said he turned just as Walker's car struck the Explorer.

"I saw the point of impact with the other vehicle," he said explaining the Mazda struck the truck in between the driver's seat and the back seat. Philip Cattaneo testified he, too, suffered broken ribs and also received scalp and hand lacerations.

Since the accident, none of the survivors have been back to work.

Following the hearing, Pusatero, who was in court with the support of her children and five grandchildren, said she was relieved to know Walker's bail wasn't reduced.

On the night of the wreck, the group was heading back to Fernley after having attended a concert at the Brewery Arts Center in Carson City.

"It was a sad ending to a fun night," she said tearfully, recalling how Linda Humes adored her new grandson.

"She had this beautiful grandchild that she lived for," Pusatero said.

• Contact reporter F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.