No charges will be filed against two girls who left the scene of a Washoe Valley accident in which their friend was killed, but a Carson City man who was the first of several cars to strike the teenager was charged with drunken driving, authorities said Tuesday.
Steven Conroy, 49, will appear in Reno Justice Court on Oct. 2 before Judge Edward Dannon on a misdemeanor charge of drunken driving.
The charge carries a sentence of up to six months in jail.
Deputy District Attorney Derek Dreiling said after reviewing an investigation by the Nevada Highway Patrol, Conroy will not be charged with drunken driving causing death in Nicole Lemon's death.
"What the state has to prove is in addition to the DUI, the driver does an act of neglect of any duty imposed by law while driving. If that act causes a death, then the felony charge is appropriate," Dreiling said. "We couldn't prove beyond a reasonable doubt that (Conroy) violated some other duty.
"He was driving and he was drinking -- to some degree, that probably played a small role in his ability to drive and react. But it didn't appear that was enough for a felony charge."
Lemon, 18, was struck July 25 in Washoe Valley about a mile north of the Bellevue Road overpass as she stood in the right southbound lane after getting out of a car in which she allegedly argued with friends.
Conroy was driving the first car investigators have confirmed struck Lemon. As many as six cars are believed to have hit the downed teen, but only three stopped near the accident.
The two girls with Lemon allegedly left the scene following the accident but are not criminally liable either, Dreiling said.
"Until we get some evidence to show that they had either something directly to do with her death or there was something on the duty to render aid, they won't be charged," he said.
On the charge of failure to render aid, "you need to know that there's a collision first. They didn't know she was hit. They find out what happened after she's hit."
According to police, witnesses claimed Lemon's friends left the scene as passersby tried to prevent more cars from striking her body.
"It may not be nice and it may not be what you want a friend to do," Dreiling said, "but it doesn't appear they'll be charged."