Man guilty in misdemeanor manslaughter case

A Carson City man was found guilty Friday of misdemeanor vehicular manslaughter in a September 2010 wrong-way fatal accident on South Carson Street.

Kevin Ward Massey Jr., 19, was given a suspended sentence of six months in jail, must serve 90 days on house arrest at $15 a day, up to two years probation, 100 hours of community service and loss of his license for one year, in the accident that killed James Montez, 37, and injured three others.

According to court documents, Massey was northbound in a mini van on Highway 395 when he crossed into the southbound lanes at Clearview Drive. The van moved 227 feet in the wrong direction before slamming head on into a southbound Mitsubishi Eclipse driven by Merry Sue Rillston, 66, of Livermore, Calif. The van then crossed into the path of a Harley-Davidson motorcycle driven by Montez.

Montez was killed upon impact. Rillston suffered multiple broken bones. Hector Perez, 12, riding with Massey, sustained a broken leg and said in court on Friday he spent a month in the hospital.

Massey's attorneys, Janet Kelleran and David Matheny, personal injury lawyers out of Henderson, argued Massey fainted while driving, which caused him to inadvertently end up in the wrong lanes. That coupled with the fact that Montez had a blood alcohol content of .17, more than twice the legal limit, further contributed to the accident, they said.

The prosecution contended Massey did not faint, but was either inattentive or fell asleep just before the 10 p.m. accident. Assistant District Attorney Gerald Gardner argued that it was only when Massey came upon the oncoming traffic that he realized his error and tried to get off the road.

"He is not evil," he said of Massey who was 18 at the time of the accident.

Sr. Judge Bill McMorris found that the defense had a burden to prove that Massey had in fact fainted. McMorris said the defense did not meet its burden.

"This was a terrible incident. A tragic one. I find Mr. Massey is negligent ... I find that Mr. Montez did not contribute (to his death)," said McMorris.

Montez, a married father of four and member of the Nevada National Guard, was posthumously awarded sergeant stripes after his death.

His mother Kate Young, said she wanted Massey to serve the six-month jail sentence, while Montez's widow said she wasn't looking for retribution.

"I wasn't wanting to get any revenge or anything. I think the judge was fair and the sentencing was fair," said Michelle Montez, who has since moved out of the state with her children. "I would have liked to have had any apology from him, but that didn't happen."

Massey did not speak to the judge prior to sentencing.

"I don't agree with him not doing some time," said Kate Young.

Gardner admitted the case was a hard one to prove because the law it was charged under was only adopted by the state in 2005.

"We are happy with the verdict and hope this will help Mr. Montez's family and Ms. Rillston move forward with the healing process. This was a terrible tragedy, but it was a preventable tragedy," he said. "People need to understand the responsibility they have when they are driving a 4,000-pound vehicle capable of this kind of destruction. I hope this verdict will serve as a reminder of that fact."