A Milwaukie, Ore., man who struck and killed a pedestrian in December 2012 while driving under the influence of marijuana was sentenced Tuesday in Clark County Superior Court to six months in jail.
Scott “Scotty” R. Rowles, 49, pleaded guilty earlier this month to misdemeanor driving under the influence. He initially faced a charge of vehicular homicide. However, the prosecution agreed to downgrade the charge.
The case gained national attention because it was one of the first fatal marijuana-related crashes to go to court since marijuana was legalized in Washington.
Rowles was arrested Dec. 17, 2012, in connection with the death of 62-year-old Donald L. Collins of Vancouver. Collins had been crossing the eastbound lanes of East Mill Plain Boulevard in front of the Safeway store near Andresen Road and stopped in a median before proceeding into westbound traffic. Collins was not in a crosswalk or an intersection, according to court documents.
Rowles’ pickup struck him shortly before 5:50 p.m.
He was pronounced dead when Vancouver police arrived.
Above legal limit
Rowles was released from jail two days later, after prosecutors said they didn’t have enough evidence to charge him.
However, he appeared in court in January 2014 on the same allegations, following the results of toxicology tests. Rowles’ blood results from the Washington State Patrol toxicology laboratory showed he had about 7.2 nanograms per milliliter of THC — the active ingredient in marijuana — in his system at the time of the crash, court records state. The legal limit for driving is 5.0.
Rowles told police he had smoked “a bowl of marijuana” about 60 to 90 minutes before the crash, according to a probable cause affidavit filed in Superior Court.
Police said they could smell the pot on Rowles’ breath. He also failed a sobriety test administered after the crash, court documents said.
Rowles’ defense attorney, Nick Wood, argued earlier in the case that Collins had alcohol in his blood when he was hit.
Pat Crumpacker wrote in a statement to the court that she understands Rowles did not intentionally hit her brother. However, she added that she still questions whether Rowles could have stopped in time if he wasn’t under the influence. She asked Judge Scott Collier to impose the maximum possible sentence.
Collins’ brother, Harold Collins, wrote in his statement that he thought the plea agreement was much too lenient.
Under the plea deal, Rowles faced up to a year in jail. Judge Collier sentenced him to 180 days in jail, with credit for two days served. He was also sentenced to five years of community custody following his release.
