By Tony Parra
Ninth Judicial District Judge Joe Parker denied Brian Moshier’s request for release from incarceration to house arrest on Thursday in the Roosevelt County Courthouse.
Moshier’s attorney, Gary Mitchell, presented a motion to amend conditions of Moshier’s release because of Moshier’s medical conditions. Mitchell said his client is suffering from lung problems, due to the gases he was exposed to when he was a welder.
Mitchell spoke via a conference call during the 15-minute hearing.
“During his work as a welder he suffered from what physicians call chlorine gas poisoning,” Mitchell said. “He has to use four different inhalers for his condition. He’s supposed to have regular medical treatments, but since he’s been incarcerated he hasn’t been able to get those treatments in Spur, Texas.”
Moshier is accused of vehicular homicide in the death of a two-week-old boy in an accident that took place on U.S. Highway 70 between Elida and Portales. The infant’s parents told police Moshier was disoriented and smelled of alcohol.
Moshier is one of the inmates transferred to Spur, Texas for incarceration because of overcrowding issues at the Roosevelt County Detention center. Roosevelt County Detention Administrator Jesse Luera said they have a medical staff on hand in the Spur County Detention Center. Luera also said this is the first he’s heard of Moshier’s complaints.
“I haven’t heard any complaints — no requests were made regarding medical issues,” Luera said. “We could have addressed the situation. This is the first I’ve heard of it being an issue.”
Parker denied the motion because he said he was concerned with risk of flight.
“I will recognize the possibility of medical assistance,” Parker said. “We will try to get Mr. Moshier the proper care, but I’m not convinced the defendant wouldn’t take advantage of the situation.”
District Attorney Brett Carter said Moshier has an alcoholic problem he can’t control and he is a risk for flight.
“He was previously on probation in Nebraska and he failed to appear,” Carter said. “He also left the scene of the accident that killed an infant.”
Parker said Mitchell could contact the Roosevelt County attorney firm of Doerr/Knudson to perhaps keep Moshier in Roosevelt County instead of transferring him to the Spur County Detention Center.
Luera said he has no problem with keeping Moshier in the Roosevelt County Detention Center if the county attorneys make the decision.
“We have a nurse that comes once a week and she does sick calls,” Luera said.
According to the National Institute for Occupational Safety and Health, more than 400,000 U.S. men and women are employed in welding and related occupations. Welding and cutting may produce significant amounts of carbon monoxide, common symptoms of overexposure include pounding of the heart, a dull headache, flashes before the eyes, dizziness, ringing in the ears, and nausea, according the Occupational Safety & Health Administration department of the U.S. Department of Labor Web site.
Carter said the trail dates are set for June 30 to July 2.