VIRGINIA BEACH, Va. — A jury of 12 Virginia Beach citizens reached a verdict on Thursday in the case of the Commonwealth v. Nathan Poole.
Poole, 26, was convicted on DUI charges related to a deadly crash at Town Center back on August 22, 2022. Poole was found guilty of running into 76-year-old Rosa Blanco and her cousin with a pickup truck at a crosswalk on Constitution Drive a little after 4 p.m.
Blanco died at the scene. Her cousin, who testified during Poole's trial, suffered serious injuries which she said in court still causes her pain every day.
The jury found Poole guilty of DUI, DUI maiming, and DUI manslaughter after about two hours of deliberation. Poole stood stoically as the verdict was read. As he left to go back into custody, he gave a quick nod to his family.
He is scheduled to be sentenced on August 15. The DUI is a misdemeanor while the DUI maiming and DUI manslaughter are felonies. The maximum sentence for each charge is 12 months, 10 years and 10 years respectively.
“The facts of this case prove that there are risks and consequences for driving while impaired from marijuana use,” Virginia Beach Commonwealth’s Attorney Colin Stolle said in a news release after the verdict. “While there is no forensic standard for THC impairment, the jury clearly rejected the defense’s assertion that Poole was not impaired and sent the message that he should be held accountable for his actions that day.”
Prosecutors call last of their witnesses
On the third day of Poole's trial, the jury heard from a medical examiner called by the prosecution who detailed a patterned contusion and a dent in Blanco's head, among several other injuries.
Next, a forensic toxicologist called by the prosecution spoke about the adverse effects marijuana can have on the brain and body, including attention issues, altered time, space and distance, as well as short-term memory loss.
Poole's blood drawn following the crash had a presence of THC, according to the forensic toxicologist's certificate of analysis shown in court.
THC is the most psychoactive component in marijuana, the forensic toxicologist explained.
Based on Poole's THC level of .0052, the forensic toxicologist testified that pointed to "recent" use, within the last four to six hours. She could not say precisely when.
Additionally, based on court rules, the forensic toxicologist didn't comment on whether Poole was impaired with marijuana during the crash. It's up to the jury to make that determination.
While presenting their case, prosecutors referred to testimony given on Tuesday by a Virginia Beach master police officer who administered Poole's field sobriety tests and testified about Poole smelling like burnt marijuana at the scene of the crash.
That same officer called by the prosecution recalled in court an interview with Poole when he allegedly admitted to being a heavy user of marijuana, using the drug approximately four times a day and smoking weed on the morning of the crash.
Defense mounts its case
The prosecution rested its case early Wednesday afternoon. Then, the defense started calling their witnesses, including a Virginia Beach police sergeant who testified on Monday.
The police sergeant reiterated on the stand that he didn't observe Poole smelling like marijuana at the scene. Behavior-wise, the sergeant testified remembering Poole as acting "pretty in line" given what happened.
During cross-examination by prosecutors, the sergeant noted he interacted with Poole for roughly only two minutes and didn't specifically look out for signs of impairment.
Poole's employer at the time of the crash was also called to testify by the defense. He took the stand, describing the defendant as a good employee and someone who has worked for his company for approximately three years.
Poole's fiancée also testified for the defense. She explained how Poole was at Town Center on the day of the crash because he picked up her bridesmaid's dress from a nearby store.
During cross-examination, the fiancée testified Poole would smoke marijuana at home, but only at night before bed. Prosecutors contrasted the fiancée's testimony with the master police officer's testimony detailing Poole's admission of being a heavy user.
The defense also called a store employee who interacted with Poole at the bridal shop minutes before the crash. She recalled Poole acting normally inside the store and she said she didn't notice a stench of marijuana on Poole's person.
Defense attorneys rested their case. Then, jurors received their instructions and heard closing arguments from both sides.
Closing arguments presented before jury deliberation
During closing arguments, prosecutors alleged Poole drove while high on marijuana on August 22, 2022. He showed indicators of impairment, according to prosecutors. They added Blanco would be alive today and her cousin would be uninjured if Poole had been sober.
Prosecutors also reminded jurors of witness testimony from the master police officer, who previously testified about Poole smelling burnt marijuana at the scene, having bloodshot eyes and having trouble with some field sobriety tests.
The prosecution also argued Poole changed stories about when he last smoked weed to police.
In body-cam video, Poole told the master police officer he smoked the night before. The master police officer later testified Poole admitted to smoking the morning of the crash when he woke up. The later conversation wasn't recorded, per rules at the city jail, the master police officer said.
The defense, meanwhile, argued no evidence, in this case, shows marijuana-impaired Poole at the time of the crash. She also brought up how there’s no standard for the presumption of impairment for weed in Virginia.
Poole’s attorney floated other possibilities, such as her client looking down at the GPS which is something jurors heard Poole say in body-cam video.
Poole's attorney worked to discredit the master police officer's testimony by stating she was the lone officer who described Poole smelling like burnt marijuana on the day of the incident. The defense stressed Poole's cooperation and calm demeanor with police after the crash.
The defendant faces charges of DUI, DUI maiming and DUI manslaughter. If convicted, the maximum sentence for each charge is 12 months, 10 years and 10 years respectively. The latter two charges are felonies, while DUI is a misdemeanor.