Man sentenced in DUI crash that killed woman, young sons in Henderson

“I have to navigate life without my family being complete, because in reality, the only family I ever knew was my mom and my brothers,” Post, 20, told a courtroom on Tuesday, speaking quickly during a sentencing hearing for Darryl Smith, the man who caused the DUI crash early this year. “I no longer have that, I’m truly an orphan now.”

Smith, 37, pleaded guilty in September to two counts of driving under the influence resulting in death and a count of reckless driving resulting in death. He was charged in connection with the DUI crash that killed 38-year-old Rebecca Post and her two sons, 6-year-old Achilles Quintanilla and 5-year-old Leo Post-Quintanilla.

The family was stopped at a red light at Lake Mead Parkway and Grand Cadence Drive when Smith’s Dodge pickup crashed into them. Prosecutors have said Smith’s blood alcohol level was double the legal limit, and Smith told police he had three glasses of wine before driving, according to a police report.

When Smith pleaded guilty, he agreed to a set sentence of between 16 and 40 years in prison. District Judge Erika Mendoza said she would follow the agreed upon sentence, and that the case was “terrible for everyone.”

The judge was seen wiping a tear from her eye as she spoke.

Relatives wearing black in courtroom

Mendoza said she believed that Smith’s attorney and prosecutors worked out the deal while considering potential legal problems in the case “that could have led to it having a worse outcome.”

Rebecca Post’s family and friends crowded into the courtroom on Tuesday, many wearing black. The family members who spoke to the judge said the crash could have been avoided.

“Had the defendant made one different choice in the series of events that occurred that evening, none of us would be here today,” said Sara Martin, Rebecca Post’s sister. “He could have chosen not to open the driver’s door of his truck. After opening the door, he could have chosen not to sit in the driver’s seat. After sitting in the driver’s seat, he could have chosen not to start the ignition, and after starting the ignition he could have chosen to turn off the vehicle and not drive.”

Leighonna Post described her mother as the “strongest woman anybody in this room would have ever known.” She said Achilles was “strong-minded,” and known for his witty comebacks, while Leo was snuggly, kind and gentle. She said her brothers had their whole lives ahead of them.

“On Jan. 7, a piece of me died that night,” Leighonna Post said. “My happiness and love got robbed from me that night when an irresponsible adult decided to get into a vehicle drunk.”

Troy Quintanilla, Post’s partner and the father of the two boys, expressed the most anger when he made his victim impact statement during the hearing. He turned to look at Smith from where he stood with other in-custody inmates across the courtroom.

“I don’t even know you, but I despise you,” he said. “I really don’t have much to say. I’d written down a lot, but there’s no reason to say it because everybody else has said it.”

During a court hearing in July, Troy Quintanilla confronted Senior Judge David Gibson about Smith’s bail, and then confronted Smith’s attorney outside the courthouse. In January, Troy Quintanilla also confronted one of Smith’s family members outside of court, rushing away from police officers who then shocked him with a stun gun.

He left the courthouse immediately after Smith’s sentencing hearing on Tuesday.

‘I cannot apologize enough times’

Smith’s attorney, Thomas Moskal, said that his client could have further litigated the case over several legal issues, but that Smith wanted the case resolved relatively quickly. Moskal said that there were problems with the delayed timing of a blood draw that tested Smith’s blood alcohol level and that he could have challenged the search warrants used in the investigation.

“He went ahead and accepted a deal that is harsher than most deals that are made by the DA’s office in a lot of cases like this,” Moskal told the judge.

Smith read his own statement to the judge, apologizing to the family and stating that the crash was an accident.

“I cannot apologize enough times to bring back your loved ones or be fully forgiven for what I’ve done,” Smith said, reading his statement. “I hope that one day that you may understand me, understand that this was an accident and find it deep in your hearts to forgive.”

Following the hearing, Leighonna Post said that Smith’s statement left her “speechless.” She pointed to Smith’s criminal history, which included a case where he pleaded to a misdemeanor speeding violation in May 2023, and was ordered to participate in community service and a DUI program through the Clark County coroner’s office only a few months before the January crash.

Smith also previously pleaded guilty to a DUI misdemeanor charge in 2009, court records show.

“This isn’t his first time getting arrested for it,” Leighonna Post said. “It’s his third time, and on his third time he took the lives of my three family members.”

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.