EVERETT, Wash. – An Everett man faces charges of vehicular homicide for a 2012 crash that killed his seven-year-old son.
Toxicologists say John Anthony Alves had double the current legal limit of THC in his system. But because of the timing of the accident, that will likely not be a primary argument in this case.
The accident happened on Evergreen Way in Everett. Alves was driving a black BMW with his son sitting in the front seat. Prosecutors believe he was high on marijuana and started racing another BMW when he got into a collision with a third car. That crash killed his son.
Alves tested positive for 10 nanograms of TCH/milliliter, twice the legal limit, but because the accident happened in October of 2012, it won’t be what pushes the case forward.
“The THC fell into odd legal cubbie hole because it occurred after the Legislature increased the penalty for DUI, but before the Legislature made a per se limit for THC,” said Snohomish county Deputy Prosecutor Tobin Darrow.
Alves was charged with vehicular homicide, but based on a disregard of safety, not DUI. He allegedly told police after the incident that he allowed his son to ride in the front seat as a reward.