Jury sets precedent on marijuana impairment in VB fatal vehicle-pedestrian trial
VIRGINIA BEACH (WAVY) — In a precedent-setting case, a jury convicted Nathan Poole, 26, of DWI manslaughter and DWI causing serious permanent injury while under the influence of marijuana.
Killed in the incident was Rosa Blanco, 76, and her cousin Conception Blanco, 79 at the time, who had more than a dozen bone fractures.
“We’re relieved,” Nolan Blanco said. “We can actually get some rest now. I think it’s important that the rest of society understands that you just can’t smoke marijuana and drive a car.”
Said lead prosecutor Paul Powers: “[The jury] understood how important this was, and finding him guilty can only give the family some justice and closure, especially during Victims’ Rights Week.”
Virginia has no standard for marijuana as it does for alcohol when it comes to impaired driving. Even expert witnesses were not permitted to say whether, in their opinion, Poole was, in fact, impaired when he struck the two women.
The jury had to rely on its own observations of body camera and surveillance video and toxicology data.
Defense Attorney Diane Toscano said a standard would be helpful, but she sees this as a potential landmark case.
“I think these cases are hard — it’s not a clear line for a jury,” Toscano said. “It comes down to observations, and then it’s in the jury’s hands.”
Despite her numerous and significant injuries, including permanent disfigurement of her foot, Concepcion Blanco testified in the case. Her strength and fortitude surprised her son, Nolan.
“She’s quite a trooper,” Nolan Blanco said. “She proves that to me every day that she’s quite the fighter that I didn’t know that she was. She was on board from the beginning. She wanted justice for what had happened to her and what had happened to her cousin.”
Said Toscano: “This was an accident. His family, they’re very saddened by this. This is very heavy on his heart and he wants the victims to know that he’s very sorry.”
Powers said it would be up to the legislature to set a standard for marijuana when it comes to impaired driving. But he said this remains an important case.
“As time goes on, and as this case goes through the processes in the legal system,” Powers said, “this will probably be a case that people will be talking about for a very long time.”
Police said Poole was driving high on marijuana when he hit two pedestrians at Virginia Beach Town Center — 76-year-old Rosa Blanco and her 79-year-old cousin, Concepcion Blanco. The women had just eaten at Tupelo Honey restaurant that August afternoon in 2022 to celebrate Rosa’s birthday.
Poole was making a left turn from Main Street onto Constitution Drive when he hit the women, who were in the crosswalk. Rosa was killed as a result, and Concepcion was seriously injured.
Video surveillance showed Poole’s car rolling over the women without initiating his brakes. Rosa died at the scene and Concepcion was in the hospital for five weeks and received permanent severe injuries.
The four-day jury trial included witnesses such as the police officer who gave Poole field sobriety tests. The officer testified that Poole failed most tests, including walking heel-to-toe, touching his nose and standing on one leg.
Toscano said that while Poole may have had cannabis in his system, that doesn’t mean it affected his ability to drive. However, testimony from a toxicologist revealed that the level of THC in Poole’s blood would indicate recent use, and it impacted his judgment, attention and reaction times.
Previous Coverage: ‘Unchartered waters’ on marijuana impairment in VB trial
“The facts of this case prove that there are risks and consequences for driving while impaired from marijuana use,” Commonwealth’s Attorney Colin Stolle said in a release. “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.”
Poole has prior convictions for false information on a firearm consent form.
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