Henry Ruggs lawyers want evidence to prove illegal blood-alcohol levels to be thrown out

LAS VEGAS — Prosecutors want a judge to dismiss evidence that shows he had a blood-alcohol limit twice that of the law while driving at 156 MPH on a street in Las Vegas before a fiery accident that resulted in the death of a woman last December.

Ruggs' defense team claimed that Ruggs was not entitled to a warrant for Ruggs’ blood.

In a May 23 document, attorneys Richard Schonfeld and David Chesnoff stated that there was no true probable cause. This statement was submitted to Ann Zimmerman, Las Vegas Justice of the Peace. “The mere fact that Mr. Ruggs was involved in a fatal collision with a vehicle does not give rise to probable cause for us to believe that he was under the influence of alcohol.”

Ruggs was admitted to hospital. No field sobriety test was done at the crash scene to determine whether Ruggs was impaired. It also notes that Ruggs was hospitalized and no field sobriety test was performed at the crash scene to determine if he was impaired.

Unnamed sergeant was recorded by body-worn audio and responded that driving behavior and death would get you a warrant every day.

Zimmerman moved the date for a preliminary hearing to decide whether Ruggs would be tried in state court on charges of reckless driving and felony driving under influence. On the evidence question, she scheduled a hearing for July 12.

Schonfeld declined to comment before the hearing. Eric Bauman, the prosecutor, said Friday that he would contest and we will see what court decides”.

Ruggs, 23 years old, is a former NFL draft pick in the first round. He is still under house arrest in Las Vegas and has electronic GPS and an alcohol monitor. He will be required to spend two years in prison, and possibly more than 50 years if found guilty.

Ruggs was also charged with misdemeanor firearm possession after police found a loaded handgun inside his Chevrolet Corvette.

Tina Tintor, 23, and Max, her dog, were killed in a predawn fire at Tintor’s Toyota Rav4.

Ruggs was taken to the hospital with his girlfriend Kiara Je'nai Kilgo Washington. Although the extent of their injuries have not been released, Clark County District Attorney Steve Wolfson stated that prosecutors told Ruggs that he had suffered a leg injury while Kilgo-Washington received arm surgery.

In April, a state court judge rejected Kilgo Washington's attempt to stop prosecutors from accessing her medical records. Her attorney had argued Kilgo-Washington was not charged with any crime and her medical information was protected by federal, state and doctor-patient confidentiality laws. Ruggs, Kilgo-Washington share a daughter.

In the meantime, Ruggs' preliminary hearing was delayed several times. Chesnoff & Schonfeld fought to prevent Ruggs from receiving his medical records. They also sought a court order for records of the fire department. Court filings claim that these records might have shown that Tintor's firefighter Tintor was slow to put out.

Ruggs had been a star wide receiver for Raiders last season, earning a four year rookie contract worth more that $16 million. The team released Ruggs just hours after the accident.

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