DUIs and revolving door of justice

Few crimes illustrate the revolving doors of justice more than DUIs.

Offenders are being arrested and then released.

Sometimes repeatedly.

13 Investigates Chief Investigator Darcy Spears reporting.

DARCY SPEARS FOUND, THEACCOUNTABILITY CAN BE ABSENT,AND A BRIEF STINT IN HANDCUFFSDOESN'T ALWAYS STOP PEOPLE FROMDRIVING DRUNK AGAINA CAR FLIPPED ON ITS ROOF ON AROCKY FREEWAY EMBANKMENT AFTERROLLING MULTIPLE TIMES.THERE WAS NO SCREECHING TIRES,NO BRAKING, NOTHING.JUST SLAMMED FROM THE BACK.CAUSING DEVASTATING DAMAGE...THE WINDOWS WERE BLOWING OUT....AND SIGNIFICANT INJURY TOKRISTEN FEDON AND HER UBERDRIVER.THEY WERE TRAVELING ON THE 215NEAR EASTERN ON THE NIGHT OFAUG.

30.IF I DIDN'T HAVE MY SEAT BELTON I PROBABLY WOULDN'T BE HERE.THE DRIVER WHO CAUSED THE CRASHWAS ONLY CHARGED WITHMISDEMEANORS FOR DRIVING UNDERTHE INFLUENCE, FAILURE TODECREASE SPEED OR USE DUE CARESTEVE WOLFSON TO MAKE SENSE OFIT.

HE CAN'T.I BELIEVE THAT WHEN PEOPLECHOOSE TO DRINK AND DRIVE IT'S54-YEAR-OLD GARRETT TANJI OGATAREPEATEDLY MADE THAT CHOICE.AND HE'S NOT SUFFERING MANYCONSEQUENCES.OGATA, WHO WAS DRIVING THISASTON MARTIN THAT AUGUST NIGHT,IS A D-U-I DEFENSE ATTORNEY.HE APPEARED ON OUR AIR IN APAID SEGMENT BACK IN 2010SAYING THIS ABOUT DRINKING ANDDRIVING.THE MOST IMPORTANT THING--DON'TDRINK AND DRIVE.IF YOU DO DRINK, GET ADESIGNATED DRIVER, GET A RIDEOR GET A CAB.OGATA DOES NOT SEEM TO PRACTICEWHAT HE PREACHES.THIS CRASH WAS HIS THIRDDUI-RELATED ARREST.HE DID NOT RETURN MULTIPLECALLS FOR COMMENT.A MOTHERS AGAINST DRUNK DRIVINGSTATISTIC SHOWS MOST PEOPLEDRIVE DRUNK 80 TIMES BEFORETHEY GET CAUGHT.OGATA HAD LAST BEEN ARRESTEDFOR DUI IN 2016.HE WAS RELEASED ON HIS OWNRECOGNIZANCE, OR O-R--WITHOUTHAVING TO POST BAIL--ANDEVENTUALLY FOUND GUILTY.IN THE UBER CRASH THIS PASTAUGUST, HE GOT OUT OF JAIL FREEAGAIN COURTESY OF JUDGE JOSEPHSCISCENTO.JUDGE SCISCENTO WAS ACTUALLYOGATA'S ATTORNEY IN A 2003 DUICASE.THAT CASE WAS PLEAD DOWN TO AREDUCED CHARGE OF LEAVING THESCENE OF AN ACCIDENT.SANDY HEVERLY OF STOP DUI.UNFORTUNATELY, WHEN THATHAPPENS, I THINK PEOPLE HAVE ATENDENCY TO LOSE THESERIOUSNESS OF THE CRIME.WHEN YOU'RE DRIVING UNDER THEINFLUENCE, YOU'RE A POTENTIALKILLER!

COURT RECORDS SHOWOGATA WAS RELEASED FROM JAILTHE SAME DAY HE ALLEGEDLYCRASHED INTO KRISTEN'S UBERRIDE.HE'S BEEN FREE TO WORK.BUT KRISTEN--A PILOT FOR AMAJOR AIRLINE--HAS BEENGROUNDED FOR THE LAST SIXMONTHS.WHEN I CRAWLED OUT OF THE CAR,I WENT TO STAND UP AND ICOULDN'T.SHE'S STILL RECOVERING FROM ABADLY DAMAGED KNEE THATREQUIRED SURGERY.THE SYSTEM HAS FAILED THEPEOPLE, AS IN ME, WHO PLAY BYTHE RULES.REACHED BY PHONE, JUDGESCISCENTO TOLD 13 INVESTIGATESHE DID WHAT HE COULD.NO CRIMINAL COMPLAINT HAD BEENFILED IN THE CASE, SO HE SAYSHE HAD TO LET OGATA OUT,ORDERING ALCOHOL MONITORINGWHILE HE AWAITS FORMALCHARGES.BUT KRISTEN FEDON ISN'TWAITING.SHE FILED A LAWSUIT IN JANUARY.IT SAYS, "ACCORDING TO THEPOLICE REPORT, OGATA HAD ABLOOD ALCOHOL LEVEL OF .26,MORE THAN THREE TIMES THE LEGALLIMIT, AND WAS DRIVING BETWEEN85- 95 MILES AN HOUR WHEN HECAUSED THE CRASH.DOES SOMEONE HAVE TO KILLANOTHER PERSON BEFORE THEY GETKEPT IN JAIL?

BECAUSE WHEN YOULOOK AT A CASE LIKE THAT, ITHINK A LOT OF PEOPLE FEEL LIKETHAT'S THE DIRECTION IT'SHEADING.RIGHT.AND THAT'S AN EXAMPLE OF WHATFRUSTRATES LAW ENFORCEMENT.IT'S EASY TO FIND EXAMPLES.KELLY LOUISE CRUZ WAS ARRESTEDFOR DUI JAN.14 AND GOT AN O-R RELEASE.WITHIN SEVEN DAYS, ANOTHER DUIARREST AND ANOTHERGET-OUT-OF-JAIL-FREE CARD.THEN, THERE'S JACQUELYNPATRICIA THORNTON.ARRESTED FOR DUI JAN.5 OF 2019 AND RELEASED ON O-RTHE SAME DAY.IF YOU'VE BEEN ARRESTED FORDRUNK DRIVING, THAT PRETTY MUCHINDICATES YOU MAY POSE A DANGERTO THE COMMUNITY.A MONTH LATER SHE WAS ARRESTEDFOR DRUNK DRIVING A SECOND TIMEAND A SECOND TIME RELEASED ONHER OWN RECOGNIZANCE.ON FEB.22 OF THIS YEAR, THORNTON WASARRESTED FOR DUI A THIRD TIME.AND AGAIN RELEASED ON HER OWNRECOGNIZANCE.AND HER TRIAL'S NOT EVEN UNTILJULY FOR THE FIRST TWO DUIS!NEITHER LAW ENFORCEMENT NOR THECOURTS HAVE A SOLUTION.THERE'S SUCH A BACKLOG OF DUISFIRST OF ALL.AND THAT CREATES ISSUES FOR THEDISTRICT ATTORNEY'S OFFICE INPROVING THEIR CASE.IF THERE'S A BLOOD DRAW, IT HASTO BE ANALYZED AND PROSECUTORSNEED THOSE LAB RESULTS BEFORETHEY CAN FILE CHARGES.THAT TAKES, OFTENTIMES, WEEKSOR MONTHS.THE NEVADA OFFICE OF TRAFFICSAFETY CALLS CLARK COUNTY'S DUIPROSECUTION RATE "DISMAL." THEDUI TASK FORCE HAS MADE NEARLY2,000 ARRESTS SINCE OCTOBER OF2018.BUT THEY SAY ONLY 30 TO 40PERCENT ARE PROSECUTED.I HAVE FIVE PROSECUTORS THAT DONOTHING BUT PROSECUTE DUICASES.THAT TELLS YOU HOW MANY DUICASES WE HAVE.SO, IT'S A NUMBERS GAME.WE CAN'T FILE CASES AS QUICKLYAS WE'D LIKE.PLUS, THE OFFENDER ISN'TGETTING THE TREATMENT AND THEASSISTANCE THEY NEED.KRISTEN FEDONIS--LUCKILY--LIVING PROOF OFTHAT.AND I ALMOST DIED, SO IF IDON'T SAY SOMETHING OR DOSOMETHING...MAYBE I COULD BE SAVINGSOMEONE'S LIFE DOWN THE ROAD.THE CHARGES AGAINST ATTORNEYGARRETT OGATA COULD BE AMENDEDBUT THEYHAVE STILL NOT BEEN FORMALLYFILED.THE D.A.'S OFFICE HAD TO RECUSEDUE TO CONFLICT OF INTEREST.SO THE CASE WILL GO TO THEATTORNEY GENERAL OR A SPECIALPROSECUTOR.DARCY SPEARS, 13INVESTIGATES.TODAY WILL BE TH