LAS VEGAS (KLAS) — As a result of two recent DUI cases where suspects were charged with murder, questions have arisen as to why Scott Gragson is not facing similar charges after having been arrested for a deadly DUI.
The wealthy businessman faces felony DUI counts after a deadly crash in May that left a mother dead and three others injured. Video the I-Team first showed you of his failed sobriety test became a crucial piece of evidence in the trial.
Reporter Orko Manna asked District Attorney Steve Wolfson why Gragson isn’t facing a murder charge like Kevin Raspperry, who is accused of killing a man in October, and Aaron Kruse who caused a fiery crash that killed two on Nov. 9.
“We evaluate every case on its individual merits, and we look at the individual cases. A decision was made to charge Mr. Gragson the way we did, and justice will be done in the Gragson case, as well,” replied Wolfson.
Gragson’s attorneys are contesting his blood alcohol tests over timing. They were taken four hours after the crash. The result was 0.147, still nearly twice the legal limit. An earlier blood draw at the hospital was 0.187.
His defense team says the law specifies blood tests must be taken in a two-hour window. Prosecutors say state law also allows them to take up to three blood samples within five hours after the arrest.
A judge has not made a ruling on those blood draws yet.