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State v. Adams3/11/2005
{ } Defendant-appellant, Robert Adams ("Adams"), appeals his conviction and sentence in the Lake County Court of Common Pleas on two counts of aggravated vehicular homicide, second degree felonies in violation of R.C. 2903.06(A)(1), each count carrying a repeat violent offender specification under R.C. 2941.149, and one count of driving while under the influence of alcohol or drugs, a first degree misdemeanor in violation of R.C. 4511.19(A)(1). For the following reasons, we affirm Adams' conviction and sentence.
{ } A jury trial was commenced against Adams on May 14, 2003. On Saturday, October 26, 2002, at about 2:40 p.m., witnesses observed the Ford Mustang Adams was operating backing out into the westbound lanes of Route 20, a four-lane highway, in Madison Township. Adams hesitated a moment after backing out and then proceeded westbound in the curb lane on Route 20. Adams went through a red light at the intersection of Burns Road. After passing the light, Adams swerved twice, crossing over three lanes of traffic into the eastbound lanes. Witnesses testified that Adams appeared to be driving the posted speed limit of 45 miles per hour, but that his driving was noticeably erratic.
{ } At the same time, Kenneth Buzbee ("Buzbee") was driving a Volkswagen Jetta eastbound on Route 20. Buzbee's wife was sitting in the front passenger seat and his parents, Robert and Evelyn Buzbee ("Robert" and "Evelyn"), were sitting in the back seat. As Adams drew nearer, Buzbee brought the Volkswagen Jetta to a complete stop in the eastbound curb lane. As Adams was passing Buzbee's vehicle, the Mustang veered into the eastbound lanes a third time and collided with Buzbee's vehicle.
{ } Evelyn died at the scene, but not immediately, from skeletal, visceral, and vascular injuries caused by blunt impact to the chest area. Robert suffered broken ribs, a bruised and collapsed lung, and other contusions and lacerations. Robert remained in chronically critical condition as a result of his injuries and in a depressed state as a result of his wife's death until his death on December 17, 2002.
{ } Madison Township police officers searched the Mustang Adams was operating and found two crack pipes, chore boy scouring pads, a pair of scissors, and a small pocket-knife. Cocaine residue was found on both crack pipes. One of the crack pipes was stuffed with part of a chore boy, which are used as filters in crack pipes.
{ } Adams was life-flighted to MetroHealth Medical Center in Cleveland. At about 4:50 p.m., samples of Adams' blood and urine were tested by Dr. Brenda Nicholes ("Dr. Nicholes"), director of the toxicology lab at MetroHealth. The test of Adams' urine revealed the presence of at least a thousand nanograms of cocaine per liter of urine and a cocaine metabolite, called benzoylecgonine or BE. Adams' blood was only tested for the presence of alcohol, of which none was detected. Dr. Nicholes opined that the cocaine had been ingested within three or four hours of the sample being taken.
{ } Dr. Robert Powers ("Dr. Powers"), chief toxicologist at the Hamilton County Coroner's Office and a consultant for the Lake County Crime Lab, also reviewed the results of the testing of Adams' blood and urine. According to Dr. Powers, a minimum of a thousand nanograms of cocaine in Adams' urine is an extremely high level of cocaine ("a walloping amount") and indicates a minimal passage of time between the ingestion of the cocaine and the collecting of the urine sample. Dr. Powers opined that Adams had ingested the cocaine between two and four hours prior to the urine being tested. Since Adams' urine was tested approximately two hours after the collision, Dr. Powers testifi
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