The case against a Fallon man accused of striking and killing a 12-year-old boy with his vehicle while making a cell phone call was settled Friday morning after a civil compromise was reached.
As part of the compromise that Wadsworth Justice of the Peace Terry Graham accepted, Richard Hutchings is paying the family of Jeremiah Horne $1.3 million.
The Horne family asked that Hutchings not be prosecuted in this case, and Graham agreed.
According to court documents, on Aug. 14, 2006, Hutchings was having trouble making a cell phone call when the Dodge pickup he was driving drifted into the bike lane on U.S. Highway 50 near the intersection with Gummow Drive, hitting Jeremiah Horne on his bicycle.
According to a Nevada Highway Patrol report, Hutchings said he first heard a low battery sound on his cell phone and reached for it to connect it to a charging unit.
He then reached for a second cell phone and tried to call his ranch manager, the report states.
He said he was having a difficult time placing the call with the second cell phone and he started to reach for his larger case phone. Hutchings said he decided against using the larger phone and he again tried the second cell phone, looking down as he dialed the numbers, the police report states.
When he looked up, according to the report, he saw Horne on the bicycle about 10 feet in front of his truck. Hutchings reportedly told investigators he didn't have time to swerve and slammed on his brakes.
Eric Levin from the state attorney general's office asked Graham to not accept the compromise, noting the act resulted in a death.
David Houston, one of Hutchings' attorneys, said a civil compromise would be the appropriate judgment in this matter, which involves dismissing all criminal charges.
Houston said he rarely has asked for this type of settlement because it is normally not adequate.
He added this decision was something Hutchings and the victim's family wanted.
"This is not a case engineered by some settlement," Houston said. "The Hornes do not want Hutchings (prosecuted)."
Hutchings, he said, has a lack of criminal history and his family is friends with the Hornes.
Hutchings and the Horne family are members of the same church.
"This is a relatively straightforward request," he said. "This compromise was not hedged as a bet."
William Whitehead, representing the Horne family, said his clients have no vindictiveness over what happened and have forgiven Hutchings for the act.
Dismissing the case, Levin said, would send the wrong message to the community.
"I would ask that the court exercise their power and set this for trial," Levin said. "The charges are appropriate."
While not ordering, Graham strongly recommended the parties talk to students about the safety of driving while using cell phones.
Churchill County District Attorney Art Mallory said a civil compromise is completely separate from a criminal case, and added it is not something prosecutors take part in.
"It is inappropriate to use the judicial system for a civil (monetary gain)," he said. "It is up to both the parties and the judge to see if justice is served."
Hutchings had faced six months in jail and a $1,000 fine if convicted.