Attorney Peter Christiansen’s appeal on behalf of Kiara Je’nai Kilgo-Washington would block access to Kilgo-Washington’s records until the question is settled.
Christiansen declined to comment further after Las Vegas Justice of the Peace Ann Zimmerman ruled prosecutors can obtain Kilgo-Washington’s written medical records, but not testimony from medical professionals who treated her following the Nov. 2 crash.
In court filings, the attorney maintains Kilgo-Washington is not charged with a crime and her health information is protected by federal and state doctor-patient confidentiality laws.
Prosecutors have said they expect the records will show Kilgo-Washington suffered substantial injury in the crash. Kilgo-Washington and Ruggs have a young daughter together.
Clark County District Attorney Steve Wolfson has said prosecutors were told Ruggs suffered a leg injury and Washington underwent surgery for an arm injury. Both were hospitalized after the wreck that sparked a vehicle fire that killed 23-year-old Tina Tintor and her dog, Max.
Another judge previously granted prosecutors access to Ruggs’ medical records.
He is charged with felony driving under the influence causing death and substantial bodily injury, and two counts of felony reckless driving. He remains on house arrest pending a March 10 preliminary hearing of evidence and a judge's decision whether he will stand trial in state court.
The 22-year-old former first-round NFL draft pick is accused of driving 156 mph (251 kph) in a residential area with a blood-alcohol level of 0.16% — twice the legal limit in Nevada — before his Chevrolet Corvette slammed into the rear of Tintor’s vehicle.
Ruggs was released by the Raiders several hours after the crash.
He also was charged with misdemeanor gun possession after police reported finding a loaded handgun in his wrecked sports car after the crash.
Ruggs would serve at least a mandatory two years in prison and could get more than 50 years if he’s found guilty on all charges.