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.
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