Prosecutors have decided not to move forward with a case against a driver accused of smoking marijuana before a deadly crash in Vancouver.
According to a Clark County probable cause document, Scotty Rowles, 47, told police at the scene of Monday's collision he had smoked "a bowl of marijuana" about an hour before the crash.
Police said Rowles hit and killed Donald Collins, 62, just before 6 p.m. at East Mill Plain and North Andresen Road.
The officer at the scene said he could smell a slight odor of marijuana on the suspect's breath and also noted his eyes were very red and watery.
Rowles told the officer he had allergies and had been crying, according to court documents.
Police believe it was the first deadly crash involving marijuana since pot became legal in Washington.
Rowles appeared in court Tuesday on the charge of vehicular homicide. That charge was dismissed Wednesday.
Prosecutors said they reserve the right to file new charges against Rowles at a later date, pending the results of the final police investigation.
After his arrest, Rowles submitted to a blood test that was entered into evidence to be checked for the presence of marijuana. Those results have not yet been revealed.
Police said they would not have charged Rowles if he wasn't high, because Collins stepped out into the street. Investigators said Collins was close to two different lit and controlled intersections at the time, but instead stepped out into the middle of traffic.
However, Rowles was arrested when police determined he was under the influence of intoxicants.
Court documents show Rowles has no prior DUI convictions.
Copyright 2012 KPTV (Meredith Corporation). All rights reserved.
Tuesday, December 10 2013 10:27 AM EST2013-12-10 15:27:45 GMT
A round of light snow covered the Portland metro area Tuesday morning, but so far it doesn't appear to be enough to wreak havoc with the morning commute. There are, however, school delays and closuresMore >
The largest school district to announce a delay is Vancouver, where schools will be on a two-hour late start.
Monday, December 9 2013 6:54 PM EST2013-12-09 23:54:29 GMT
(Photo via youtube.com/dailyemerald)
A snowball fight where Oregon Ducks football players and fellow students began pelting a car and its driver with snowballs has led to a key player being suspended for the team's bowl game. Oregon DucksMore >
A snowball fight where Oregon Ducks football players and fellow students began pelting a car and its driver with snowballs has led to a key player being suspended for the team's bowl game.More >
Monday, December 9 2013 7:21 PM EST2013-12-10 00:21:30 GMT
A 40-year-old man in Oregon City was officially charged with kidnapping, rape, sodomy and custodial interference Monday in the case of a girl reported missing last week. Clackamas County deputies arrestedMore >
A 40-year-old man in Oregon City was officially charged with kidnapping, rape, sodomy and custodial interference Monday in the case of a girl reported missing last week.More >
Tuesday, December 10 2013 11:19 AM EST2013-12-10 16:19:42 GMT
The Portland Police Bureau Missing Persons Unit is asking for the public's help in locating a teenager. Authorities said Jasmine Hayes, 17, voluntarily left her Gabriel Park home Monday afternoon in SouthwestMore >
Authorities said Jasmine Hayes, 17, voluntarily left her Gabriel Park home Monday afternoon in Southwest Portland.More >
Tuesday, December 10 2013 12:23 AM EST2013-12-10 05:23:54 GMT
Photo courtesy of Clackamas Fire
A dozen apartments were evacuated at the Terrace at Mount Scott Apartments in Happy Valley after a large water main break. Clackamas Fire spokesman Brandon Paxton says just before 3 PM, a pipe on theMore >
A dozen apartments were evacuated at the Terrace at Mount Scott Apartments in Happy Valley after a large water main break.More >
Monday, December 9 2013 5:14 PM EST2013-12-09 22:14:54 GMT
A large-scale crackdown on white supremacist gangs led to 40 indictments in the Portland area last week, federal and local police announced Monday. Operation White Christmas turned up 74 guns, 8 poundsMore >
Tuesday, December 10 2013 12:40 AM EST2013-12-10 05:40:00 GMT
First the cold, now the snow and even the potential for freezing rain. City and state crews from Washington to Oregon are prepping for what could be a messy morning commute. Just a little bit of freezingMore >
City and state crews from Washington to Oregon are prepping for what could be a messy morning commute.More >