DA reviews January fatal crash | NevadaAppeal.com

DA reviews January fatal crash

F.T. Norton

Carson City’s district attorney is seeking more information before deciding whether to file charges in a Highway 50 crash in which a Mound House man was killed.

According to the Nevada Highway Patrol, Gary Lee Breckenridge, 66, was killed Jan. 11 when a westbound car driven Claudia Y. Guevara-De Ontiveros, 28, of Dayton crossed four lanes of traffic into the eastbound lane of Highway 50 East near Deer Run Road.

De Ontiveros speed was estimated at 80 mph in the 55-mph zone, according to the Highway Patrol.

She allegedly passed a U-Haul truck on the shoulder before losing control and careening into the east lanes.

Breckenridge’s vehicle struck Guevara-De Ontiveros on the passenger side. He was pronounced dead at the scene. She was taken by Care Flight helicopter to Washoe Medical Center. Her two young sons were treated and released from Carson Tahoe Hospital.

District Attorney Noel Waters said his office has the case and has requested additional information before deciding if charges will be filed.

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The least Guevara-De Ontiveros could be charged with is a misdemeanor traffic offense.

“The maximum would be involuntary manslaughter,” Waters said.

Waters is unsure what charge may come from the accident.

“All I can really say is that I’ve asked for additional information that goes to the area of the degree of negligence. That’s always the issue in a case like this; it’s a question about the state of mind of the accused.”

Waters said he hopes to have made a decision within in the next few weeks.

“(De-Ontiveros’) speed is problematic. The question is whether speeding in and of itself, and the resulting collision, is enough to reach criminal negligence,” he said.

Breckenridge moved here from Tujunga, Calif., in 1976 and together with his wife Mary raised five children. All are grown and reside in the Dayton area. Family members described him as a devoted and loving dad, grandfather and husband.

He is survived by his wife Mary of Mound House; sons Brian Lee of Carson City, Kevin Michael of Dayton, Cory Patrick of Dayton; daughters Tara Lynn Burrows and Kerry Ann Breckenridge, both of Dayton and 12 grandchildren.