On Nov. 13, 2008, Nye County Deputy District Attorney Robert Bettinger replied to a grievance letter Mel Matthews sent to the state Bar of Nevada.

Bettinger said he had spoken to Matthews several days before the Aug. 14, 2008, hearing and told him there was a plea agreement.

"Mr Matthews was livid about the plea," he reported, writing that he "could not continue the conversation with Matthews after that."

In spite of the plea agreement, Bettinger is likely to be available for the May 4 sentencing hearing.

Matthews and the grandparents of the orphaned boys can also tell the judge how their lives have been affected and offer recommendations for punishment.

"It is extremely difficult for the victims and families to understand why the defendant is not going to prison," wrote Bettinger. "The most she could have been found guilty of would have been three counts. Mr. Matthews may think he can run the show or be the self-appointed representative of the victims and their families. He is too emotionally involved."

Bettinger said he "has the duty to encourage justice."

He said a jury could have come back with verdicts for all of the five original counts against Patton. However, the judge would have thrown out two counts, because involuntary manslaughter and reckless driving resulting in substantial bodily harm or death blend into each other.

While Bettinger said the video showing Patton passing Matthews' tanker and colliding with the Ford Expedition occupied by Dawn and James Guyer was "a powerful piece of evidence," he added, "It did not show when Patton first started her pass, where the yellow line was broken on her side."

Bettinger said if a jury found Patton guilty of the three counts of reckless driving, (each count of which is punishable by one to six years in prison), based on his experience before Judge John P. Davis, the defendant "would most likely have been sentenced on the minimum side, concurrently."

He also said the judge would have "suspended the prison sentence and put her on probation."

"Of course, we do not know for sure," Bettinger's letter states.