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Fatal crash case bound to circuit court a second time
The man accused of driving under the
influence of drugs and causing the death of
his ex-wife in October appeared in court for
a second preliminary examination in the case
on Tuesday. The hearing centered on the use
of medications as they are prescribed and
responsibility if there is a fatal accident,
the defense attorney said. The second preliminary hearing came after a circuit court judge granted a motion by prosecutors to add amended information to the charge against Henderson. The original information accused him of being under the influence of marijuana at the time. The addition states Henderson was under the influence of controlled substances as well. Midland County District Court Judge John H. Hart bound Henderson to the circuit court for trial on the amended information at the conclusion of the hearing, during which Michigan State Police forensic toxicologist Michele Glinn testified. Glinn stated THC, the active ingredient in marijuana, was found in samples of Henderson’s blood that were taken after the accident. Also found was alprazolam, which is the anti-anxiety medication Xanax, methadone, which can be used for chronic pain or to control drug withdrawal symptoms, and oxycodone, a generic name for Percocet. When asked by Midland County Assistant Prosecutor Richard Dresser how the combination of drugs would effect a person, Glinn said the THC would act as a sedative that impairs memory. “A person won’t process what’s happening to them,” Glinn said, adding the combination of other drugs would make a person sleepy, especially if they were already tired. “All of the drugs are known to have central nervous system effects,” Glinn said. “All of them have the potential of drowsiness, sleepiness, and it would be worse together.” Gower pointed out all the medications were prescribed to Henderson, who has been taking some of them for years. When asked about the levels of the medications that were found in Henderson’s blood, Glinn said all the levels were within the therapeutic range, meaning he was taking them as they were prescribed. Glinn also said the level of THC in Henderson’s blood could not have been the result passive inhalation of someone else smoking marijuana. Dresser motioned for the bind over, stating prosecutors had shown probable cause in the case. Gower disagreed, pointing to the drugs being within therapeutic levels. Hart called Glinn’s testimony “educational.” “I think it should warn people about the dangers of prescription drugs,” he said while binding Henderson over to circuit court. After the hearing, Gower said the case has potential ramifications for people taking prescription medications. “Anyone who takes prescription medicine should be scared,” he said. Officials are sending the message that if a person takes medications as they are prescribed, operates a vehicle and is involved in a fatal accident, then “we’re gonna use your legally prescribed medicine against you,” Gower said. Henderson told Midland Police that he swerved to avoid a deer and crashed into a railroad crossing signal. The case is scheduled for a two-day jury trial in the Midland County Circuit Court at the end of August. http://www.ourmidland.com/crime/article_c8ea3d24-94e3-11df-843e-001cc4c03286.html |
"Justice, justice shall you pursue, that you may live."
- Deuteronomy 16:20