Las Vegas man charged in DUI that killed mom, 2 children released on $255K bond
LAS VEGAS (KLAS) — A man accused of causing a crash that killed a mother and her two children, who police cited months earlier for driving more than double the speed limit, was out of custody Tuesday after posting bond, records said.
On Jan. 7, Darryl Smith, 36, allegedly told first responders he had wine and cough syrup before crashing his pickup truck into Rebecca Post and her sons in Henderson, documents said. Henderson Justice Court Judge David Gibson set Smith’s bail at $255,000 during a hearing on Jan. 11. Prosecutors had requested the judge set bail at $1 million, records said.
In a second hearing on Jan. 17, the court noted “clear and convincing evidence that the defendant is a flight risk and a danger to the community,” but kept the bail amount at $255,000 with the requirement Smith check in by phone and wear an alcohol-monitoring bracelet should he post bond.
In addition, the judge ordered Smith not to drive, consume alcohol, or consume cough syrup should he be released.
Records show Smith posted bond on Feb. 28. He no longer appeared as an inmate at either the Clark County Detention Center or the Henderson jail as of Tuesday.
In Nevada, defendants are required to post 15% of the bond amount if a licensed bail bonds agent puts up the rest.
Smith faces three counts of DUI resulting in death and one count of reckless driving resulting in substantial bodily harm, records showed.
In 2008, a Metro police officer cited Smith for DUI. In that case, the officer said Smith admitted to “smoking a blunt of marijuana,” was speaking with slurred speech and could not stand straight, documents said.
In 2009, Smith pleaded guilty, and a judge ordered him to attend DUI school and a victim impact panel.
On Feb. 27, 2023, a Las Vegas Metro police officer cited Smith for reckless driving for “traveling at speed over double posted speed limit of 25 mph” on McLeod Drive near Tompkins Avenue, documents said. The citation indicates Smith was driving the same pickup truck involved in last Sunday’s triple fatal crash.
The officer cited Smith for driving 52 mph in the 25-mph zone, documents said. Records show when Smith appeared in court on the charge, it was knocked down to speeding 11-15 miles over the limit. Smith pleaded guilty to the charge.
Las Vegas Justice Court Judge Ann Zimmerman then ordered Smith to attend the Clark County coroner’s DUI program and perform 48 hours of community service, records said. Smith fulfilled those requirements by October, records said, and the court closed the case.
Last year, the NTSB cited Nevada’s failure to address drivers’ repeated traffic infractions, citing “systemic deficiencies, including routine plea agreements that alter of drop violations, inaccurate driver records, failure to accurately track citations and delays in reporting convictions.”
In 2021, the Nevada Legislature made speeding tickets a civil violation, meaning defendants no longer have to go before a judge. The process is streamlined online and no longer carries jail time.
A preliminary hearing was scheduled for April 17.
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