He caused a fatal crash and got probation. Prosecutors wanted prison.

Clark County prosecutors are criticizing Nevada's traffic laws after two recent sentencings produced starkly different outcomes for dangerous driving. On Oct. 14, District Judge Monica Trujillo sentenced Kevin Nickell to two to six years in prison for reckless driving resulting in death but suspended the term in favor of three years' probation. Jurors had convicted Nickell for a May 2023 crash on Interstate 15 that killed motorcyclist Joshua Olvera. Court records show investigators later learned Nickell had been drinking and smoking marijuana with Olvera before the crash, though he was never charged with DUI.

A day later, District Judge Tara Clark Newberry sentenced club promoter Gavin Caci to eight to 20 years in prison for a February crash near the Strip. Caci, whose blood alcohol concentration was nearly three times the legal limit, drifted onto a sidewalk and struck a family of tourists from the United Kingdom. A toddler suffered an open skull fracture and nearly died, and the child's mother had to relearn how to walk. Prosecutors had sought 32 to 80 years, while Caci's attorney, Paola Armeni, said the victims had asked the court to consider Caci's remorse and desire to be involved in his child's life.

Chief Deputy District Attorney Chad Lexis called the state's DUI and reckless driving laws "weak" and said it was "outrageous" that probation is an option for such crimes. He also criticized judges willing to grant it. Deputy District Attorney Corey Hallquist said sentencing is an "individualized determination based on the facts presented" and noted that facts and provability influence outcomes. In a third case in August, former corrections officer Maurice Washington received 364 days in jail after a plea deal dismissed DUI charges in a fatal pedestrian crash; his attorney argued the victim walked into traffic.

The vehicular crimes unit argues punishments should be stiffer across the board. Hallquist said a harsher penalty was also warranted for Caci despite his lengthy sentence. Armeni said Caci's legal team was disappointed with the sentence handed down by Clark Newberry. The three cases highlight what prosecutors describe as wide variance in penalties for dangerous driving in Clark County.

Sources: Las Vegas Review-Journal