Pubdate: Thu, 18 Jul 2013
Source: Macomb Daily, The (MI)
Copyright: 2013 The Macomb Daily
Contact:  http://www.macombdaily.com/
Details: http://www.mapinc.org/media/2253
Author: Jameson Cook

ATTORNEY DOWNPLAYING MARIJUANA IN DUI DEATH CASE

A defense attorney downplayed the potential effect of marijuana in 
his client's system and emphasized the accidental nature of the 
traffic crash that killed his girlfriend.

Timothy Wilds, 21, of Sterling Heights went on trial Wednesday for 
the death of Brittany Nowicki, 18, of Macomb Township, a passenger in 
the vehicle that collided with another vehicle in Sterling Heights in 2010.

Wilds is charged with driving under the influence of a controlled 
substance causing death, punishable by up to 15 years in prison. 
Without marijuana in his system, Wilds could have faced a misdemeanor 
charge of reckless driving causing death, punishable by up to one year in jail.

Assistant Macomb County Prosecutor Cory Newman told jurors during his 
opening statement he only has to prove that Wilds had "any amount" of 
THC (tetrahydrocannabinol), the active agent of marijuana, in his 
system. A test of blood drawn from Wilds more than six hours after 
the crash indicated two nanograms per milliliter.

Wilds' attorney, James Maceroni, earlier in the case proceedings 
filed an appeal contending the prosecution had to prove more than 
mere presence, but the state Court of Appeals denied it.

Still, Newman implied Wilds was impaired by the drug because he was 
driving too fast for the slippery, snowy conditions on Plumbrook Road 
at the time of the accident, at 5:50 a.m. Dec. 20, 2010.

Wilds "was going pretty fast" when he used the center lane to pass a 
vehicle traveling in the same direction, east, Newman said. Wilds 
lost control of his Jeep Wrangler and crashed into a westbound 
vehicle. The Wrangled flipped over and fell on top of Nowicki, who 
was ejected and died from massive head injuries, he said.

During his opening statement in front of circuit Judge Edward 
Servitto, Maceroni noted that a police officer who interviewed Wilds 
moments after the crash indicated Wilds appeared sober.

"There was no indication he was under the influence of anything," 
Maceroni said. "Brittany Nowicki died of a tragic traffic accident. 
She died because of a snowy Michigan road early in the morning when 
Timothy Wilds lost control" of his vehicle.

Maceroni also questioned the reliability of the blood sample, 
pointing out a long and complicated process Wilds' sample was 
subjected to by Michigan State Police.

"Presumably the blood that was tested was presumably from the arm of 
Timothy Wilds," Maceroni said. "Two nanograms, that's what brings 
these charges."

Maceroni noted that Wilds performed cardiopulmonary resuscitation on 
Nowicki trying to save her.

The pair dated for three years.

The trial is scheduled to resume today and expected to continue into next week.
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