Virginia Beach jury gets DWI manslaughter case
VIRGINIA BEACH (WAVY) — The fate of a Chesapeake man charged with DWI manslaughter is now in the hands of a jury.
Police say Nathan Poole, 26, was high on marijuana when he ran over Rosa Blanco and her cousin Concepcion Blanco in August 2022 in a Virginia Beach intersection.
‘Unchartered waters’ on marijuana impairment in VB trial
Rosa Blanco was killed instantly, and Concepcion Blanco suffered numerous fractures and other injuries when Poole’s Chevy Silverado pickup ran them over at the intersection of Constitution Drive and Main Street in Town Center.
Poole also faces a felony charge of DWI maiming, meaning causing permanent and significant injury regarding Concepcion.
The jury must determine whether Poole was impaired at the time of the incident. Although the Commonwealth presented some expert witnesses, they could not give an opinion on impairment because no forensic standard exits for impairment by marijuana, as it does for alcohol.
Prosecutors began their closing argument Wednesday afternoon just as they had begun their opening statement Monday morning.
“He treated them like they were speedbumps,” Assistant Commonwealth’s Attorney Katherine Griffith told the jury in closing. Griffith said Poole rolled over the victims and didn’t apply his brakes.
Defense attorney Diane Toscano called it a horrible accident, saying Rosa and Concepcion Blanco walked in front of Poole’s Chevy Silverado at the intersection of Main Street and Constitution. Toscano said Poole was not swerving and not out of control, and called witnesses to the stand who said they did not smell marijuana on Poole when they encountered him either shortly before or after the crash.
Griffith pointed to several failed field sobriety tests and the fact that Poole told police he was a regular user of marijuana. A toxicologist testified earlier that the level of THC in Poole’s blood would have major effects on judgment and reaction for an average person. But Dr. Connie Luckie could not give an opinion on whether Poole was legally intoxicated, and turned to the jury from the witness stand and told them “that will be your job.”
A medical examiner catalogued Rosa Blanco’s injuries. She had what’s called a “pattern injury” on her face that corresponded with the tire tread of Poole’s pickup, and also had multiple broken ribs. The medical examiner declared her cause of death was blunt force trauma to her head and chest. Rosa’s cousin, Concepcion , also had multiple injuries but was able to survive.
The two women had just left the Tupelo Honey restaurant, celebrating Rosa’s recent birthday. They were in the crosswalk on Constitution when they were struck. Poole had a green light when he made the fateful left turn from Main onto Constitution.
The jury got the case late Wednesday and will resume deliberations Thursday morning.
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