Due to a delay in drug test results, the San Francisco District Attorney’s Office is not moving forward with a DUI case against Khazar Momeni, the sister of the man who allegedly killed tech executive Bob Lee.
Nima Momeni has been charged with murder for allegedly killing Lee in April.
Khazar Momeni was arrested in the Tenderloin on Nov. 25 on suspicion of driving under the influence and for an alleged hit-and-run after police officers responded to a crash at Geary and Larkin streets around 11:08 a.m.
She was scheduled to appear in court Tuesday, but the district attorney announced Monday that her office plans to discharge the case.
“As is customary in DUI cases, our office reviews the toxicology report to inform our prosecution decisions. To date, the District Attorney’s Office has not received the toxicology report from the Office of the Chief Medical Examiner and has not received an estimate as to when it will be presented to our office,” District Attorney Spokesperson Randy Quezada said in a statement.
While the case was discharged, the DA can file charges later, as the case and investigation remain open, added Quezada. Because the case was not dismissed completely, it can still be filed at a later date pending results from the investigation.
“Discharging cases involving a blood draw for toxicology due to a delay in receiving the toxicology report is very common and not unusual,” he said.
Khazar Momeni is a central figure in the murder case of her brother and is expected to testify at the trial. That testimony could include details about her and Lee’s drug use and what happened in the hours before Lee’s death.
She has thus far refused to cooperate with the police investigation into the killing, according to police.
Prosecutors allege Nima Momeni stabbed Lee to death April 4 in San Francisco after the pair argued over Lee purportedly allowing Khazar Momeni to engage “inappropriate” behavior. The day before, Khazar Momeni was found distraught and half-naked at the home of Lee’s alleged drug dealer, Jeremy Boivin.
Witnesses told police that Boivin supplied Khazar Momeni with a drug called GHB, which is also known as a date-rape drug, during a party at his apartment a day before the fatal stabbing.
The San Francisco case against Khazar Momeni is not her only recent run-in with the law.
The 38-year-old was arrested on suspicion of DUI in the Marin County town of San Anselmo on Sept. 22 after she “rammed” her white convertible Mercedes Benz into another car on Sir Francis Drake Boulevard around 5 p.m., according to a police report of the incident.
No one was injured in the incident, but Khazar Momeni’s car was towed, and she was arrested on suspicion of driving under the influence, according to the Marin County District Attorney's Office and the incident report.
Charges have not been filed in the Marin County case.