GINA B. GOOD / PVT Karin Mathews, right, hugs Lonna Guyer in front of the Nye County Government Complex in Pahrump on March 10, after hearing charges reduced for the woman who killed Guyer's son and his wife in a reckless accident. Mel Matthews, who survived the crash, stands behind the women. RELATED STORY Attorney responds to grievance letter Advertisement

It's been 19 months since Mel Matthews nearly died in an accident on U.S. Highway 95, about five miles north of the Pahrump exit onto Highway 160.

It happened on his first day with a new company. He was driving an 18-wheel double tanker, carrying 80,000 pounds of quick lime for a mine in Tonopah, when he was struck head-on by a Ford Expedition at Nye County milepost 18.

A small memorial now marks the site where the husband and wife Air Force officers in the Expedition died.

Dawn and James Guyer, both 34, perished in their burning SUV, leaving four young sons, ages 7, 9, 11 and 14, who are now being raised by their grandparents, Lonna and Ed Guyer.

Matthews was taken by helicopter to Las Vegas where he lives with his wife, Karin. To date, he has undergone seven facial reconstructive surgeries with more to come.

March 10, Melinda Sue Patton, the woman who caused the crash, appeared before Judge John P. Davis in Pahrump's District Court.

Patton originally pleaded guilty to all five felony charges levied against her by the state -- three counts of reckless driving resulting in substantial bodily harm or death and two counts of involuntary manslaughter.

She then changed her plea in 2008 to not guilty, and on the sunny March day two weeks ago, Patton pleaded guilty to two counts of involuntary manslaughter.

The judge cautioned Patton that by entering her plea she would be giving up her right to a preliminary trial and the opportunity to have her lawyer cross-examine the state's witnesses as well as giving up the opportunity to have witnesses called on her behalf.

Patton agreed to those stipulations even though Davis told her there was no promise she would be granted probation, even though her lawyer and the state's prosecutor had negotiated such terms.

Again, Patton agreed and walked from the courtroom with her attorney, Steven Wolfson of Las Vegas. She is on her own recognizance until her sentencing May 4. The only stipulation is that she must stay in the vicinity, rather than go back to her home in Florida.

In a letter dated the day of the trial, Mel Matthews asked the judge not to accept the plea deal, stating he believes strongly the five felony charges should stand. The letter also said he was shocked and disappointed at the performance and lack of concern for the victims shown by the state's prosecutor, Nye County Deputy District Attorney Robert Bettinger.

However, Davis said he could not read anything from the victim or the family of the deceased victims until the time of sentencing.

Matthews, who was out of work for months due to his injuries, is now a limousine driver in Las Vegas. He took an unpaid day off to attend the hearing, just as he has for the past year and a half for medical appointments and surgeries.

"I'm amazed the video from the camera in the cabin of my truck showing the entire accident series has not been introduced as evidence," said Matthews outside the court house after the brief hearing.

Karin and Mel Matthews, as well as the Guyer family, were led to believe Patton would stand trial for the death and suffering she caused Aug. 7, 2007.

"Bettinger said he would aggressively pursue all the charges," said Karin. "He told us that for a whole year. He said the case would definitely go to trial.

"For all that time he told us he would not plea this out. Who does the DA's office represent in this case? We were relying on the DA. Just because mile marker 18 is in an obscure place doesn't mean those lives weren't worth anything."

Karin said Patton chose to drive nearly 85 miles per hour to pass a UPS triple tractor-trailer and then continued to drive uphill in the wrong lane to pass the double tanker driven by her husband.

As Patton was passing Matthews, another car came over the crest of the road in the lane Patton was using as a passing lane. She barely avoided colliding with that car by steering to the side of the road. But then, according to information supplied to the Nevada State Bar by attorney Bettinger, "Patton made the decision that would result in the deaths of the Guyers."

In a letter to the Nevada State Bar, Bettinger described the accident. He wrote that Patton turned her car back into her own lane and collided with the right rear side of the Guyers' Ford Expedition.

They died when their car spun into the path of the double tanker driven by Matthews. When struck, the Expedition flew into the air, crashed through Matthew's windshield and burst into flames.

On August 14, 2008, Patton was scheduled for a preliminary hearing in Beatty. Such hearings are held to determine whether there is enough evidence to substantiate charges and go forward with a jury trial.

Matthews said he was told by the clerk the case was canceled and would be moved to District Court in Tonopah.

Matthews later learned from Lonna Guyer, whose son, Sgt. Edward James Guyer, was killed in the crash, the hearing had been held as scheduled. Lonna told Matthews she was extremely upset that a plea deal had been made, excusing Patton from serving any prison time.

"We did not agree with that negotiation," said Karin Matthews.

"I also believe I have a constitutional right as a victim to be notified and present at all court hearings," said Mel Matthews.

He alleges he was purposely given misinformation that prevented him from attending the hearing. Matthews also contends that Bettinger is mishandling the case. To that end, Matthews filed a complaint against Bettinger with the Nevada State Bar, for lack of professional conduct.

In Matthews' complaint he said Bettinger allegedly instructed the clerk to give him false information, He also faults Bettinger for not informing him of subsequent court dates Sept. 8, and Nov. 17, 2008.

Bettinger said those allegations are "patently false."

Matthews also contends Bettinger was negligent when he chose not to use the video evidence from the cabin of his truck to prosecute Patton and that Bettinger never told the Guyers the video evidence existed.

Outside the courthouse this month, Matthews said, "I still can't believe that with two innocent people dead, and with their children being raised by their grandparents, that this person is able to walk away with probation."

"This has had a terrible impact on our lives," said Karin Matthews. "I am lucky I still have my husband, but our lives are no longer the same. This woman chose to drive almost 85 miles an hour. She chose to cross a double yellow line to pass."

The Guyers were also in the Pahrump District Court, having traveled from Houston to attend the short hearing that basically consisted of the judge reciting Patton's rights to her.