Teen in fatal crash with Cortez Masto counselor gets prison term

The young man involved in a hit-and-run that killed an aide to Nevada Sen. Catherine Cortez Masto admitted he was drunk and said he apologized before a judge handed down a sentence Monday of four to 10 years in prison.

Elmer Rueda-Linares, 18, pleaded guilty this summer to one count of leaving the scene of an accident where someone was injured or killed.

Kurt Englehart, a senior adviser to Cortez Masto in Nevada, died at the scene of the April crash.

The sentence was longer than the 2-5 years the defense had requested.

Mercedes Lopez, Rueda-Linares’ aunt, told the RGJ that she believes the harsher sentence was motivated by racism.

“Mr. Englehart worked for a senator and Elmer was an immigrant,” Lopez said. The police “simply pointed to him as the culprit.”

“There have been many things that have not been made public about this case, one of which is that Elmer was not responsible for the accident and that Mr. Englehart was also under the influence of alcohol,” Lopez said. the one who ran the red light was speeding significantly, was not wearing a seat belt at the time of the accident.

“If he had, would he be alive today?”

The prosecutor’s office demands that the sentence be increased

Both sides agreed that based on video footage from multiple angles, Rueda-Linares did not cause the crash. He had a green light to turn left.

Prosecutor Matt Lee said that’s why he wasn’t charged with a felony DUI.

“If he had stayed at the scene and done what the law required him to do — at least sit down and call 911 and help whoever was involved in this accident — his worst day would have been a misdemeanor DUI.” “Yawning,” Lee said. “Instead, he made a selfish decision.”

Lee said it’s impossible to know what would have happened if Rueda-Linares had stayed. Bystanders called 911 minutes after the crash. But Lee said human decency demanded that Rueda-Linares not go.

“That’s why our law is very strict on these hit-and-run charges — for mandatory incarceration,” Lee said.

He asked for a prison term of 4 to 10 years and a fine of 2,000 dollars.

Arguments of the defense about mitigation of punishment

Rueda-Linares, who is originally from Honduras, told the court he fled because he was scared.

“I have no documents, I’m not in this country legally, so” he fled, he said through an interpreter.

Public defender Hank Lobkowicz told the court that he was not defaming Englehart, but that he should be aware of mitigating factors when sentencing.

“Even though he was breaking the law because he was under the influence at the time, the turn he was making was legal,” Lobkowicz said.

Lobkowicz said Rueda-Linares turned 18 a week before the accident.

Toxicology tests showed Englehart’s blood alcohol concentration was 0.193, while Rueda-Linares’s was estimated to be 0.125. The norm is 0.08.

Motivation of the judge’s verdict

Judge Kathleen Sigurdson said she understood why Rueda-Linares fled the scene of the crime, but said it was inexcusable.

“Your behavior that day had very serious consequences,” she told him in court. “Would it have made a difference if you had stayed on stage? I don’t know”.

No evidence was presented one way or the other.

“But despite that,” Sigurdson said, “we have laws that say you can’t drive drunk, and if you’re in an accident, you can’t leave the scene — and you’ve done both of those things.” .

Rueda-Linares could have faced up to 20 years and a $5,000 fine. The judge said she thought meeting in the middle of the sentencing guidelines was fair: four to 10 years and a $2,000 fine plus court fees.

Immigration and Customs Enforcement said it has detained Rueda-Linares and plans to take him into custody and deport him after he serves his sentence in a Nevada prison.

Reno Gazette Journal reporter Siobhan McAndrew contributed to this story.

Mark Robison is a state political reporter for the Reno Gazette Journal, occasionally checking in on other topics. Send comments to [email protected] or a commentary on Mark Greater Reno Facebook page.