ST. CLAIRSVILLE Robert William Green, 56, 52235 National Road, St. Clairsville, saw the revocation of his bond after testing positive for the use of marijuana.
He faces charges of aggravated vehicular homicide, a felony of the second degree, and failure to stop at the scene of a fatal crash, a felony of the third degree, occurring Aug. 8, 2012. He is accused of hitting and killing Jason Cattane, 31, of Bridgeport, near the North Ebbert Road intersection. He was reportedly walking home after attending the funeral of a friend's mother.
"The facts are clear, as a condition of bond this defendant was not to use any illegal drugs or alcohol. The lab provides that he did in fact, five times above the cutoff level," said Prosecutor Chris Berhalter. "He faces a very serious offense of aggravated vehicular homicide that is causing the death of another while operating a motor vehicle while under the influence. The continued use of illegal drugs and/or alcohol he would continue to pose a threat to the public."
During a status conference Friday, defense questioned Green's probation officer concerning the process of sample collection and analysis. He confirmed that the sample is untreated until it is shipped to a lab in Santa Monica, Ca. Defense suggested that further verification was needed and added that Green has been compliant in the terms and conditions of bond.
"I just don't know if this confirms anything right now," he said. "We have suspicions it's possible, but I don't think it confirms anything. I think more information's needed."
Solovan noted that the sample can be tested again, but the lab has been used by the court for many years and there is currently no reasonable doubt concerning the process.
Green will appear before Solovan May 17, 9 a.m. in a hearing to address a motion to suppress, request for evidence, and a motioned to properly preserve and catalogue all physical evidence.
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