A Las Vegas judge has been condemned by prosecutors and a grieving father alike after sentencing a driver who killed 17-year-old Devin Heath to probation rather than prison, despite evidence he was travelling at more than double the speed limit at the time of the crash.
A Las Vegas judge has drawn sharp criticism after sentencing a speeding driver who killed a teenage boy to probation instead of prison time. Nevada’s Eighth Judicial District Judge Jennifer Schwartz handed Jesus Barraza, 21, a suspended sentence this week over a March 2024 crash that killed 17-year-old Devin Heath, an aspiring firefighter who was just weeks from graduating high school. Barraza had been found guilty in June of reckless driving resulting in death, with jurors reaching their verdict in under an hour. Heath’s father, Raymond, condemned the sentence as “trash” following the hearing, according to the Las Vegas Review-Journal.
The crash
The collision took place at around 10:30pm on 30 March 2024, near the intersection of West Lake Mead Boulevard and Jones Boulevard in Las Vegas, as Heath was crossing the road at night. Footage played at trial showed the teenager attempting to jump out of the way before being struck by Barraza’s Chevrolet Silverado, which prosecutors said was travelling at 73mph in a 30mph zone. Crash reconstruction experts told the court that Barraza continued accelerating in the moments before impact, with prosecutors arguing he did not brake until after hitting Heath. Police investigators concluded that speed was the primary cause of the collision, with no evidence that alcohol or drugs were involved. Heath was pronounced dead at the scene despite efforts by emergency responders to save him.
Sentencing decision
Barraza was handed a suspended sentence of 28 to 72 months, with his probation conditions including a curfew, restitution payments, mandated employment and completion of driver’s safety classes, alongside 100 hours of community service. As part of his probation, he must obey all laws, maintain employment, complete court-ordered programmes and report regularly to a probation officer, with the threat of imprisonment should he breach any of these conditions.
Judge Schwartz said she showed leniency in part because Barraza was 19 years old at the time of the crash, telling him: “You are a child and you killed a child and I know it wasn’t intentional. This is your one shot.” She said she believed Barraza had shown genuine remorse, pointing to his lack of significant prior criminal history and his conduct since the crash as reasons for imposing probation rather than a custodial sentence.
Reaction from the victim’s family
Speaking after the hearing, Heath’s father said he had been left heartbroken by the ruling. “I don’t feel like justice was served,” he said. “Let’s all go out and run people over and kill them and just get probation. Let’s make Las Vegas as dangerous as possible, because nothing’s going to happen.”
Reaction from prosecutors and defence
Even Barraza’s own defence attorney, Philip Singer, said he was taken aback by how lenient the sentence turned out to be. “I know Judge Schwartz is fair and fair to the defense, but I thought with an election year being in the wind and the devastation that the family expressed, I thought his living a perfect life was going to go out the window, but thank goodness it didn’t,” Singer said. During the hearing, Singer had argued that Barraza braked before striking Heath, though prosecutors maintained he only did so afterwards, and told the court that a prison sentence would cost Barraza “his house… his job… everything.”
Prosecutors on the case were far more critical of the outcome. Deputy District Attorney Corey Hallquist said: “The message that was sent is that you can go and drive recklessly on the road here in the valley, go over double the speed limit, you can take a young child’s life and you can get probation.” Chief Deputy District Attorney Chad Lexis described the sentence as “disheartening and shocking,” adding: “Unfortunately, the Judge believed that this case was deserving of probation. The victim’s family and the prosecution are extremely disappointed with the sentence.” During closing arguments, Deputy District Attorney Afan Tarar had urged the judge to impose a prison term, telling the court: “His speed was going up the whole time until he finally collided with the victim.” Prosecutors have argued the sentence fails to reflect the seriousness of driving at more than twice the speed limit, warning it sends the wrong message about fatal reckless driving offences.
Barraza’s statement
Addressing the court directly, Barraza expressed remorse for the crash. “I do not expect your forgiveness and I have no right to ask it,” he told Heath’s family. “I want you to know that I wake up every day with the weight of what I have done and will carry that for the rest of my life.”
Wider debate
The case has reignited debate in Nevada over whether current sentencing laws for fatal reckless driving offences are sufficiently tough, with some legal experts and victims’ advocates now calling for legislative changes to address such cases in future.
