Pubdate: Thu, 19 May 2016 Source: Boston Herald (MA) Copyright: 2016 The Boston Herald, Inc Contact: http://www.bostonherald.com/ Details: http://www.mapinc.org/media/53 Note: Prints only very short LTEs. Author: Antonio Planas Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving) PROSECUTOR: DRIVER HIGH ON MEDICAL WEED IN FATALITY A Webster man was driving high on medical marijuana he had just bought at a Brookline dispensary when his car careened off the Massachusetts Turnpike, slamming into the back of a parked state police SUV and killing trooper Thomas L. Clardy, authorities said yesterday. David Njuguna "had an active THC level in his blood at the time of the collision," prosecutor Jeff Travers said after the 30-year-old pleaded not guilty in Worcester Superior Court to numerous charges in the March 16 crash, including manslaughter, motor vehicle homicide by negligence and motor vehicle homicide while operating under the influence of drugs. "The commonwealth would suggest that the evidence will show that the defendant was operating in an impaired state," Travers said, adding that investigators later determined Njuguna bought three joints from a medical marijuana dispensary within an hour of the fatal crash and that a "partially smoked marijuana cigarette" was found inside his 2011 Nissan Maxima. A law enforcement official confirmed the joints were purchased at New England Treatment Access on Washington Street in Brookline. A spokeswoman for the company did not return repeated calls for comment. Brookline police Chief Daniel C. O'Leary declined to comment, citing an active state police investigation. In addition to allegedly being stoned behind the wheel, Travers said witnesses told police Njuguna was spotted speeding and driving recklessly moments before he smashed into the back of Clardy's state police SUV around noon March 16 as it sat parked in the breakdown lane in Charlton. An analysis of the crash, Travers said, indicated Njuguna was going 81 mph when he suddenly swerved across all three travel lanes and hit the 44-year-old veteran trooper's vehicle. Clardy, of Hudson, had been conducting a motor vehicle stop on the westbound side of the highway and later died from his injuries, leaving behind his wife, Reisa, and his seven children, ages 4 to 17. Njuguna, who was arrested on his way to his attorney's office after a "secret grand jury indictment" yesterday, had casts on his arms as he appeared handcuffed for his arraignment. He faintly pleaded "not guilty" to every charge and Judge Daniel M. Wrenn ordered him held on $500,000 cash bail. If he posts bail, Njuguna must surrender his passport and submit to GPS monitoring. Uniformed troopers from the Charlton barracks, where Clardy worked, attended the court hearing. Worcester District Attorney Joseph D. Early Jr. said investigators found no evidence to indicate Njuguna intentionally rammed Clardy's cruiser. State police Col. Richard McKeon said the department is still reeling from Clardy's tragic death. "While we continue to heal as a police department, our healing will never be complete," McKeon said. "Because in a perfect world, Thomas would still be out there set up on a stretch of highway, looking for dangerous drivers and keeping motorists safe as he did so well for so long." Njuguna's attorney, Peter Ettenberg, called the bail "excessive" and told reporters Njuguna and his family knew about the grand jury investigation and were cooperative with police. Ettenberg said Njuguna is "remorseful" about the fatal crash and "absolutely denies" driving while under the influence of any drugs. Ettenberg also said Njuguna doesn't remember the accident. "He does not know why he found himself on the Mass Turnpike going in the direction that he was going," Ettenberg said. "He has no memory of how the accident occurred." Njuguna is due back in court next month. - --- MAP posted-by: Jay Bergstrom