David Cleveland, of Pahrump, appeared in Pahrump Fifth District Court last Monday to request a bail reduction.

Cleveland was involved in a car accident last Thanksgiving that resulted in the death of Jeremy Moon, 27, of Fontana, Calif.

The accident also seriously injured Jeremy's wife, Anna, and his 15-year-old cousin, Crystal Lopez.

Cleveland is being charged with six felonies, including three counts of driving under the influence of a controlled substance (listed in the criminal complaint as cocaine) causing substantial bodily harm, one count of the same causing death, and two charges of unlawful use of a controlled substance.

He pleaded not guilty by reason of insanity at his arraignment in June.

Cleveland's Monday court appearance was yet another chapter in an ongoing bail saga that has continued throughout the many delays that have occurred on the bumpy road toward his Oct. 23 trial date.

He was initially held on $50,000 bail, which he posted on the day of the accident.

The state then filed a motion requesting that his bail be increased to $500,000.

Although that motion was denied, Cleveland was placed under a number of restrictions as a condition for his release, including revocation of his driver's license and passport and being subject to random drug testing at the court's discretion.

His bail was revoked by Justice of Peace Tina Brisebill in January after he failed to comply with two court-ordered drug tests.

He was arrested at the courthouse after appearing at the Justice Court window and demanding to be tested.

Cleveland maintained at a second bail hearing that the drug-testing company was calling his cell phone, and he did not answer calls from numbers he did not recognize.

When the question of his bail came up yet again at Cleveland's preliminary hearing, Brisebill set it at $50 million.

At the District Court level, due to the defense's bail motion, Cleveland has been held without any bail pending a decision on whether bail should be set at all.

Osvaldo Fumo and Patrick E. McDonald, two of Cleveland's team of defense lawyers, argued that their client's bail was unreasonable in comparison with the bail given to other people charged with similar offenses.

Fumo asked that the bail be set back at the original $50,000.

McDonald read a list of examples of other people facing similar DUI charges who were given bail that ranged from $8,000 to $15,000.

The attorney argued that Cleveland's bail was "tantamount to punishment" prior to a conviction on any charges.

"I know the state's going to disagree with this, but his conviction is not certain," McDonald said. "He does have a defense for this case. He's not going to flee this jurisdiction, he wants to defend this."

Furthermore, McDonald argued that allowing no bail violated the state and federal constitutions as well as U.S. Code.

In addition, McDonald pointed out that since his incarceration, Cleveland has been taking psychotic medications to treat his bipolar disorder.

However, the attorney said he misses dosages because the jail does not get the prescription refills in time.

If given a reasonable bail, the attorney argued, Cleveland could take his medications without missing a dose.

Deputy District Attorney Kirk Vitto argued Cleveland's prior actions proved the defense attorney's claims didn't hold water.

Responding to one argument made by the defense, Vitto flatly stated, "The defendant is taking his medication because he's incarcerated."

"Based on what we've seen, what we know, the defendant, when released on his own recognizance or on bail ... will self-destruct or flee at the first opportunity that he sees his liberty is in jeopardy," Vitto said.

Furthermore, Vitto pointed out that one of the people offered as an example by the defense had no financial resources and has in fact been incarcerated to this day.

"It's not the amount of money that's the issue," Vitto said. "The issue is what amount of money will ensure his appearance and protect society."

Vitto also reminded the court that Cleveland had admitted to drug addiction.

"He can say to this court, 'I'll take all my medications,'" Vitto argued. "But what if he mixes them again with cocaine, methamphetamine, oxycodone, marijuana, or alcohol and decides to drive?"

The prosecutor also emphasized the fact that Cleveland claimed to be "confused" about his drug-testing requirements when he was free on bail.

"The judge wasn't confused, American Mobile Testing wasn't confused, only Mr. Cleveland was confused apparently," Vitto argued.

McDonald said that Cleveland had already been punished for violating the conditions of his release, and he argued that some bail needed to be set.

Cleveland also addressed the court. "I think someone's confused here, and it's not anyone on our staff," Cleveland said. "I think this gentleman, Mr. Vitto, is confused."

Cleveland then went to claim that a deputy could testify that he tried to comply with the conditions set for his release.

"I was never ordered a test, I was asking for a test. I was refused," Cleveland said. "The judge, referring to Mr. Vitto, said I was ordered a test. I asked all day long to take a test; they said there wasn't an order. I was never ordered to take a test. He's confused, the judge is confused."

Lane said he would review the arguments and make a decision within the next few days.