A Las Vegas judge has dismissed two charges stemming from a July crash that killed 28-year-old Roberto Navarro-Rico, while allowing the fatal DUI and reckless driving counts against the driver to move forward to trial. Judge Joe Bonaventure dropped two counts alleging substantial bodily harm connected to passenger Kosmas Sanchez, 23, finding there was insufficient evidence to support them without Sanchez's own testimony.
According to the Las Vegas Review-Journal, 22-year-old Jakari Miles still faces charges of DUI resulting in death and reckless driving resulting in death, and his case has been bound over to district court on those counts. Miles appeared in court out of custody as the ruling was handed down. The decision followed a preliminary hearing in September where Bonaventure determined prosecutors had not met their burden on the Sanchez-related counts absent his direct testimony.
What Police Say Happened That Night
Navarro-Rico died after the crash on Highland Drive south of Edna Avenue, west of the Las Vegas Strip, a crash that occurred in July. His mother, Mariana Rico, told fox5vegas.com that her son died in the July 31 crash at the intersection, where police said Miles, who was behind the wheel, struck a semi truck parked along the curb on South Highland. Navarro-Rico was seated in the back seat at the time.
Police said the three men — Navarro-Rico, Sanchez and Miles — were traveling from the Spearmint Rhino Gentleman's Club to Circa when the crash happened. A preliminary speed analysis showed Miles's car was traveling at 56 mph in a 35 mph zone shortly before impact, according to the Metropolitan Police Department's reporting cited by the Review-Journal. Prosecutors said Miles's blood-alcohol content measured 0.21 percent and 0.20 percent after the crash, more than twice Nevada's legal limit of 0.08 percent, a threshold listed on the Nevada Legislature's statute page.
Prosecution and Defense Clash Over Evidence
Deputy District Attorney Sammy Lamb argued that Miles drove 20 miles per hour over the speed limit, failed to maintain his lane and struck a parked tractor-trailer, saying Miles was incapable of safely driving and that his actions resulted in a death. Lamb said Miles was under the influence of MDMA and marijuana at the time. Prosecutors also presented testimony and exhibits supporting the charges, and Lamb said the chemist who testified about Miles's blood-alcohol level discussed her qualifications and was established as a qualified expert.
Defense attorney Andrew Leavitt pushed back on both fronts. He argued that the chemist's affidavit on Miles's blood-alcohol level should not be relied upon because prosecutors had not shown she was qualified as an expert, and separately contended that Miles's driving did not constitute reckless driving. Leavitt also said prosecutors presented insufficient evidence for the DUI resulting in death charge and for establishing that Miles was incapable of driving safely.
The Fight Over the Sanchez Counts
Much of the dispute centered on Sanchez's injuries and his absence from the case. Lamb said Sanchez suffered a deep wrist laceration that required stitches and bled profusely, and that he was staggering when he exited the car. But Leavitt countered that Sanchez suffered no broken bones, acknowledging only that he had a laceration requiring repair, and argued prosecutors failed to establish that Sanchez suffered prolonged physical pain.
Sanchez did not appear at the September preliminary hearing despite being subpoenaed, and Lamb said that when victims are unwilling to participate, it becomes difficult for prosecutors to prove the charges. Sanchez could not be reached for comment, the Review-Journal reported.
A Mother's Reaction
Mariana Rico said she considered the judge's decision unfair and believed no counts should have been dismissed. “I just wish my son never got in that car,” she said. Under a 2023 act amending reckless driving penalties, an offense causing death or substantial bodily harm is a category B felony carrying one to 10 years in prison, or eight to 20 years if the driver exceeded the posted limit by at least 50 mph, according to the Nevada Legislature's bill text, which took effect July 1, 2023. Miles's case now proceeds to district court on the remaining fatal DUI and reckless driving charges.
