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July 22, 2005Court: Prosecutors must show pot was causeJanuary 2004 crash killed one womanandRecord-Eagle staff writers TRAVERSE CITY - Prosecutors must prove that a Traverse City woman's marijuana intoxication caused a winter accident that killed a woman and left two children disabled, according to a Michigan Court of Appeals ruling. Grand Traverse prosecutors had hoped to prove Delores Marie Derror smoked marijuana before the January 2004 crash. Such proof would make her responsible for the crash, they contend. Instead, the Court of Appeals - in a decision released last week - agreed with 13th Circuit Judge Philip Rodgers Jr., who ruled that prosecutors must show Derror caused the accident because she was intoxicated. Derror told police she smoked marijuana four hours before the accident. Derror's attorney, Randy Smith, was pleased with the decision. He said the crash was "an unfortunate accident during a horrific winter day." "I think the weather conditions are the cause of the accident," Smith said. Derror, 41, was driving a sport utility vehicle and pulling a trailer toward Kalkaska on M-72 over snow-covered roads when she lost control and hit a car driven by Randy Elkins. Elkins' girlfriend, Angela Grierson, 28, was killed in the collision, which also paralyzed two of Elkins' daughters, Brittany and Eden, then 10 and 11 years old. Derror was given one charge of operating a vehicle under the influence of drugs causing death and three charges of causing serious injury. Assistant prosecutor Robert Cooney said the ruling is being reviewed to determine the next course of action. Other cases being considered by the Michigan Supreme Court could create additional change, he said. "The (court of appeals) opinion certainly changes the evidence and what we thought the case we had was," he said. Derror tested negative for THC, the intoxicating agent in marijuana, but she tested positive for carboxy THC, a metabolite of THC that has no intoxicating effects, Smith said. The appellate court said carboxy THC is not a controlled substance because it has no intoxicating effect. Smith said that makes sense because anyone who ever consumed marijuana may have traces of carboxy THC in their body. "Maybe it's there for a lifetime, so anyone who has ever smoked marijuana any time in their life probably has some THC in their body," Smith said. "Even if THC is in one's body, it doesn't mean you're impaired." See Related Stories: Accident report: Woman had pot in system - April 8, 2004 Driver may face charges for pot - January 14, 2004 Police: Fatal crash driver smoked marijuana - January 13, 2004
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