Two charges filed in Pinenut Road fatal

Both drivers involved in a fatal collision last June have been charged with misdemeanors in connection with the accident on Pinenut Road.

Daniel Delgadillo, 22, of Gardnerville, has been charged with vehicular manslaughter in the June 5 accident which resulted in the death of Michael A. Lombardo IV, 24, a passenger in his car.

According to a report by the Nevada Highway Patrol Major Accident Investigation Team, Delgadillo's vehicle was traveling west on Pinenut Road at 86-88 mph when it collided with a truck driven by 18-year-old Ryan Moglich.

Moglich was cited for minor consuming and is to appear in East Fork Justice Court on March 21.

The collision occurred at 12:50 p.m. June 5 when Moglich's pickup pulled out from a church parking lot turning east on Pinenut into the path of Delgadillo's westbound Mitsubishi sedan.

According to the NHP report, the speed of the Mitsubishi was the "proximate cause" of the accident.

Cited as contributing factors were the presence of alcohol in both Delgadillo and Moglich.

"Failing to yield to traffic from a private drive was not considered based on the speed of vehicle No. 1 (Delgadillo)," the report said.

The charges were filed this week after nine months of investigation by the NHP and meetings with Lombardo's family, said Douglas County District Attorney Mark Jackson.

He said the charges were based on the recommendation of the NHP.

"We've had multiple discussions assessing the case, talking to the Major Accident Investigation Team," Jackson said Wednesday.

"The primary decision really was centered around the victim's family. His father, Michael Lombardo, had a strong desire that Daniel's case be prosecuted as a (misdemeanor) vehicular manslaughter," Jackson said.

The charge against Moglich was based on the fact he had alcohol in his system one hour and 40 minutes after the accident, and the discovery of 1.75 liter bottle of Jack Daniels in the back of the passenger seat in his truck.

According to investigators, the seal was broken on the bottle and it was seven-eighths full.

Following the accident, Moglich reportedly told investigators he had been at a Douglas High School graduation party the night before and consumed six 12-ounce beers and four shots of whiskey. He said he stopped drinking at 3 a.m.

A blood test determined his alcohol content to be .045, below the legal limit of .08 for driving.

According to the investigation report, Delgadillo said he drank until 3 or 4 a.m. His blood alcohol content was .028. He also had traces of alprazolam, an anti-anxiety drug, in his system.

The NHP report said the human factors that led to the results were excessive speed, use of alcohol and alprazolam, and failure to wear seat belts by the car passengers.

"Failure to wear seat belts is the main cause of the severity of injuries sustained by all three occupants of vehicle No. 1 (the Mitsubishi)," according to the investigation.

Delgadillo appeared Wednesday in East Fork Justice Court with lawyer Derrick Lopez.

He also faces charges of driving under the influence and reckless driving stemming from a Dec. 12 arrest, six months after the Pinenut Road tragedy.

According to reports, Delgadillo was stopped about 3 a.m. on Highway 395 south near the Riverview 7-Eleven after a patron reported a man known as "Dan" left the French Bar appearing to be under the influence.

The responding officer said Delgadillo's vehicle reached speeds of 90 mph before slowing and accelerating and running a red light.

Delgadillo's preliminary breath test indicated an alcohol content of .215, more than twice the legal limit, according to reports.

Jackson said the DUI was being prosecuted separately.

The NHP report also indicates Delgadillo has five prior speeding citations and convictions.

East Fork Judge Tom Perkins continued Delgadillo's arraignment on the vehicular manslaughter charge to March 2. He also is to appear that day on the DUI charges.

He is forbidden to consume alcohol or drugs without a prescription and may not drive unless he has a license. He told Perkins on Wednesday his license had been revoked.

Michael Lombardo said in an interview Wednesday he was standing by Delgadillo whom he regards as a son. He attended Delgadillo's court appearance.

"For the last 10 years, we have been pretty close. He regards me as a second dad. I feel I have to do what I can to help him," Lombardo said. "He and Mikey did everything together. He is taking this just as hard as me and my other son."

Lombardo said he found it difficult to believe that Delgadillo was driving as fast as the NHP says.

Delgadillo told investigators he was driving 45-50 mph.

"I know Mikey. If Daniel had been speeding, Mike would have said something and Daniel would have backed off," Lombardo said.

He's also concerned because Moglich was cited for minor consuming, it sends the wrong message to young drivers.

"He had no business having alcohol," Lombardo said. "'Minor consuming' is a slap on the wrist. You're not giving a good message. The way they're charging this, it's almost as though there wasn't another vehicle involved.

"As far as I am concerned, both drivers are at fault. When you mix alcohol and speeding, you've got a recipe for disaster, and that's what happened."

Before he knew how the case would go, Lombardo said he was adamant that there be no felony charges filed.

He said he appreciated the help from the district attorney's office.

"I feel Mark Jackson is doing everything he can to help me work through this," he said.

Lombardo said he was channeling his grief by reaching out to young drivers about the dangers of underage drinking and reckless driving.

He's become involved in Dads Against Drunk Driving, a new national organization.

"What I have to do is help save lives. That's what will get me over this thing," he said.

Lombardo created a "memory room" to his son in the family living room with pictures, memorabilia and his son's ashes.

"A couple of months before the accident, I told my boys that when I died, I wanted to be cremated because I wanted them to keep me with them. Mikey said right away, 'Me, too, Dad.' So, that's what we did," Lombardo said.

Michael is survived by his brother Jake, 22, and 8-year-old sister Michaela.

"The memory room can be inspiring or it can break your heart. It just depends on where you are. Jake and I definitely need it. We're not ready to let Mikey go," he said.

He hopes to have a memorial to his son at the site by the first anniversary of the accident.

Because the scene is so close to his home, Lombardo passes it at least twice a day.

"Every time I go by, I beep the horn," he said. "So does my son, Jake. When my daughter Michaela is with me, she says, 'I love you, Mikey.' She is reacting just like you would expect an 8-year-old. She believes Mike is in a better place and she will see him again."

Lombardo said he regularly attends three churches in the Valley, a practice he began long before the accident.

"If I didn't have my faith, I couldn't make it - no way. Mikey was so well-balanced. You wonder why kids are taken who are needed so badly down here. Well, God needs them, too," he said.