By Dan Trevas – Court News Ohio
A Lorain County man’s right to a speedy trial was not violated when the state added a new vehicular homicide charge based on toxicology results months after his arrest for failing to stop after an accident, the Supreme Court of Ohio ruled today.
In a unanimous decision, the Supreme Court affirmed the conviction of Andre Sanford for aggravated vehicular homicide premised on operating a vehicle while under the influence of alcohol and drugs (OVI). Sanford argued his speedy-trial rights were violated because he was not arraigned on the additional charges until after he spent 95 days in jail. He maintained that he confessed to drinking and smoking marijuana prior to the collision that killed a motorcyclist and that prosecutors had all the information to charge him with the crimes at that time.
Writing for the Court, Justice R. Patrick DeWine stated police were aware at the time of Sanford’s arrest that he had smoked marijuana, but they did not know if Sanford was over the permissible limit for marijuana metabolites in his system until they received the results of a toxicology report weeks later. Because police did not have the evidence necessary to bring the additional charges at the time of his arrest, the time to prosecute Sanford without violating his speedy-trial rights was extended, Justice DeWine concluded.
In a concurring opinion, Justice Patrick F. Fischer raised an issue not argued by Sanford when appealing his conviction. Justice Fischer wrote that Sanford faced two separate OVI charges, and one of those charges did not depend on the toxicology report. He stated it is possible that the speedy-trial clock expired on the vehicular homicide charge because the state could have relied on the OVI charge that did not depend on the toxicology report. Because Sanford did not make that argument, though, it would be improper to decide the case based on that argument, he concluded.
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