VIRGINIA BEACH, Va. — After days of listening to witness testimony, jurors reached a guilty verdict against Nathan Poole in Virginia Beach.
The 26-year-old man is now convicted of driving while under the influence of marijuana. Poole hit two women in their 70s with his pickup truck at Town Center and killed one of them in August 2022.
The victims' family calls the conviction a relief. A jury of 12 found Poole guilty on charges of DUI, DUI maiming and involuntary manslaughter DUI.
Poole hit cousins Rosa Blanco and Concepcion Blanco at a crosswalk, as he turned left with his pickup truck around 4 p.m.
Rosa died at the scene. She's remembered as a former Math teacher in the area.
"She's the glue that held her community together. Losing her has made things a little more delicate," said Nolan Blanco, Rosa's nephew and Concepcion's son.
Concepcion suffered severe injuries in the crash. She survived and testified for the prosecution earlier this week.
"She proves to me every day that she's quite the fighter that I didn't know that she was," Nolan added.
Prosecutors called other witnesses to the stand, like a master police officer. She testified about Poole smelling like burnt marijuana, having bloodshot eyes and struggling with some of the field sobriety tests.
The master police officer said in court Poole changed stories about when he last smoked weed.
Based on Poole's THC level of .0052, a forensic toxicologist called by the prosecution testified that pointed to "recent" use, within the last four to six hours. She could not say precisely when.
"This jury verdict sends a message to the general public that you cannot drive around after smoking marijuana and being under the influence of marijuana in Virginia Beach or anywhere in Virginia," said Virginia Beach Deputy Commonwealth’s Attorney Paul Powers.
Powers prosecuted this case alongside Corie Bosley and Katherine Griffith.
"I think that as time goes on and this case goes through the processes it will in the legal system, this will probably be a case people will talk about for a really long time," Powers added.
Because there's no presumption or standard like there is for alcohol in Virginia, the key question jurors answered is whether marijuana impaired Poole at the time of the crash.
"There was marijuana in his system, but the indicators [of impairment], I felt, were not there and that's what we put forth in front of the jury," said defense attorney Diane Toscano.
Toscano and co-counsel Arynn Andrews worked to discredit the master police officer's testimony. They focused on areas of the field sobriety tests their client did well in.
They also stressed Poole's cooperation and calm demeanor at the scene, arguing this was an accident and wasn't because of marijuana.
"He's very sad. This was hard for him to sit through and see those videos. This was an accident. His family, they're very saddened by this. This was very heavy on his heart. He wants the victims to know that, he's very sorry. It was an accident, he didn't mean to do that," said Toscano.
As for whether Poole's legal team will appeal, Toscano said they'll explore their options. His family did not want to comment after the verdict was handed down.
Poole's sentencing is set for August 15. His two felonies of DUI maiming and involuntary manslaughter DUI carry a maximum prison sentence of 10 years each. Pool faces up to 12 months for the misdemeanor DUI.
ADDITIONAL STATEMENTS
“The facts of this case prove that there are risks and consequences for driving while impaired from marijuana use [...] 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.” -Virginia Beach Commonwealth’s Attorney Colin Stolle
“One of the difficulties of this verdict is that it leaves the public guessing about how much is too much marijuana before getting behind the wheel. We have much clearer standards for drunk driving. And without a standard for impairment when it comes to marijuana – even though it is legal to smoke in Virginia – any amount in your system can spell big trouble in an accident. This policy issue needs to be tackled.” -Diane Toscano, defense attorney