A Las Vegas Justice of the Peace on Thursday said a judge should not have blocked prosecutors from accessing the medical records of former Raiders star Henry Ruggs’ girlfriend.
“The problem is the ruling really is clearly erroneous,” Justice of the Peace Ann Zimmerman said during a hearing in Ruggs’ fatal DUI case.
Justice of the Peace Robert Walsh had previously limited prosecutors access to Henry Ruggs’ medical records, and blocked the release of records of his girlfriend, Kiara Jenai Kilgo-Washington, who also goes by Rudy Washington.
“Ms. Kilgo-Washington vehemently objects to the disclosure of any and all of her protected health information,” her lawyer, Peter Christiansen, wrote in court papers filed Wednesday.
Washington is not facing any charges related to the Nov. 2 crash, but prosecutors have said they are trying to prove that she suffered substantial bodily harm in the crash.
Ruggs, 22, has been charged with felony counts of DUI resulting in death, DUI resulting in substantial bodily harm and two counts of reckless driving resulting in death or substantial bodily harm in connection with the crash that killed 23-year-old Tina Tintor and injured Washington.
He also was charged with a misdemeanor count of possession of a firearm while under the influence, court records show. Authorities have said a loaded weapon was found in his Chevrolet Corvette Stingray after the crash.
Ruggs was reportedly driving 156 mph seconds before the fiery predawn crash. Prosecutors have said his blood alcohol level after the crash was 0.16 percent, twice the legal limit for drivers in Nevada.
Zimmerman on Thursday said she was only allowing prosecutors to access Washington’s written medical records, not testimony from medical professionals about her care. She said prosecutors are able to request medical records for law enforcement purposes, although Christiansen argued that does not apply to someone not facing charges.
Christiansen said he has 10 days to appeal the judge’s decision to a higher court once the order is officially filed, and prosecutors will not be able to access the records until an appeal is settled.
A preliminary hearing in the case is scheduled for March 10.