This blog reported last week on the trial of Brian O'Neill, whose fatal DUI case was centered around the question of whether he actually was impaired by marijuana he admitted to smoking earlier in the day. He tested positive for marijuana, which stays in the bloodstream for up to a month after ingestion.
But was he stoned when he went the wrong way on a highway ramp and collided into George and Diane Parker, killing them? Brian O'Neill's Pennsylvania DUI lawyer, of course, argued that he was not.
Now that a Chester County jury has returned with its verdict, the wait is over. The Chester County Daily Local News reported that the jury found Brian O'Neill guilty of two counts (each) of homicide by vehicle, involuntary manslaughter and causing an accident involving death.
However, they also found him not guilty of being too impaired to drive a vehicle safely, not guilty of driving under the influence of alcohol or a controlled substance and not guilty of homicide by vehicle while under the influence of alcohol or a controlled substance.
In other words, the jury did not believe he was impaired by marijuana when the deadly incident occurred. They did find him guilty of driving with traces of marijuana in his system at the time, which he did not deny.
The 20-year-old remains free on bail until his sentencing hearing. His Pennsylvania DUI attorney, Dan Bush, said his client accepts the verdict while acknowledging the tragic nature of the case.
Not surprisingly, the prosecutors and the victims' relatives were not at all happy with the verdict. Chief Deputy District Attorney Robert Miller chided the jury in his post-verdict address to them:
"This is what you would call an overwhelming case. You were provided with overwhelming evidence of the defendant's guilt."
Related Resources:
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Drunk Driving: Elements of the Offense (FindLaw)
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Search Philadelphia DUI Law Firms (FindLaw)
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Drunk Driving Down; Drugged Driving Sky High (FindLaw's Blotter Blog)
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