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Man accused in Henderson crash that killed mother, 2 sons released on bail

Updated March 7, 2024 - 9:38 am

A man accused of driving drunk and causing a Henderson crash that killed a woman and her two young sons posted bail and has been released from custody.

Darryl Smith, 36, has been charged with counts of DUI and reckless driving resulting in death.

On Jan. 7, Smith’s Dodge pickup truck crashed into the back of a Hyundai, which was stopped at a red light at Lake Mead Parkway and Grand Cadence Drive.

Rebecca Post, 38, and her two sons, 6-year-old Achilles Quintanilla and 5-year-old Leo Post-Quintanilla died in the crash.

According to a Henderson Police Department arrest report, Smith told police he had three glasses of wine and cough syrup when asked if he had been drinking.

Prosecutors said Smith’s blood alcohol level was double the legal limit.

At a Jan. 17 hearing, Henderson Justice of the Peace David Gibson kept bail at $255,000 despite prosecutors asking it be increased to $1 million.

Court records show Smith posted bail on Feb. 28. Jail records show Smith was no longer in custody as of Wednesday morning.

Smith’s attorney Thomas Moskal said Wednesday that his client’s release conditions include high level electronic monitoring, wearing a SCRAM alcohol bracelet, a drug patch and a no-driving order.

“The extensive monitoring is more than sufficient to allay any concerns that he would be DUI again while this case proceeds through the system,” Moskal said in an email.

Moskal said bail was set higher than in other similar cases and it took Smith’s family pooling together money to help Smith make bail.

“The fact that his family would suffer financially makes him even less of a flight risk,”Moskal said.

Court records show Smith’s previous traffic offenses include a DUI from 2008, a texting while driving citation from 2022 and driving 11-15 mph over the speed limit from February of last year.

Smith is due in court April 17.

Contact David Wilson at dwilson@reviewjournal.com.

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