Charges filed, bail reduced for accused in fatal rollover

VIRGINIA CITY - Formal charges were filed Wednesday against two Dayton men charged in the rollover death of a Carson City teen.

Randy Michael Boyd, 22, is charged with felony reckless driving causing death and felony failure to render aid. Darin Vandenberg, 22, is charged with gross misdemeanor conspiracy to commit reckless driving causing death in the Saturday night accident that claimed the life of 16-year-old Robert De La O.

According to Storey County investigators, Boyd and Vandenberg got into a physical dispute with De La O and three other teenagers at the Occidental Mini Mart in Dayton before allegedly chasing De La O in his Lincoln Continental up Six Mile Canyon Road.

The chase ended about 10 p.m. when the Lincoln struck a guardrail and overturned.

De La O was pronounced dead at the scene, said Storey County Sheriff's Sgt. Jason Dias.

De La O's passenger, Jose Elizondo, 16, was cut from the wreckage and flown to a Reno hospital, where he was treated and has since been released, Dias said.

He said Boyd and Vandenberg fled the scene and were tracked down from witness statements and the license plate of the truck which was found at the accident scene.

Both men appeared Wednesday in Storey County Justice Court for an arraignment on the charges.

Justice of the Peace Annette Daniels reduced Boyd's bail by $30,000 and Vandenberg's bail was reduced to reflect the gross misdemeanor instead of the felony on which he was arrested.

Boyd's attorney Ken Stover had asked for a $10,000 bail, stating his client was employed full-time, was a father with another child on the way, and had no criminal history other than a traffic incident as a juvenile.

"There's no risk of flight," he said.

Daniels, however, denied Stover's request and disagreed with District Attorney Harold Swafford's suggestion of $25,000.

"I believe that $40,000 fairly reflects what we have here in front of us," she said.

Vandenberg's defense attorney John Schlegelmilch asked for a no-bail release or a reduction of bail to $2,500 noting Vandenberg has been employed with the same company since he was 16 years old, is a father of two, and also has no criminal history.

"There is no likelihood that he's going to go anywhere," Schlegelmilch said.

Daniels said she was opposed to a no-bail release and agreed with Swafford's request for a $5,000 bail.

Both men waived their right to a preliminary hearing in 14 days, with Stover stating the results of an accident reconstruction investigation by the Nevada Highway Patrol would take weeks to complete and could aid in his client's defense.

The preliminary hearing is expected to be set in January.

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

Penalties

• Reckless driving causing death carries a penalty of one to six years in prison, failure to render aid carries a penalty of two to 15 years in prison.

• Gross misdemeanors are punishable by up to one year in the county jail.