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. - --- MAP posted-by: Jay Bergstrom