SHELBY TWP. (WWJ) - A Shelby Township man has been charged in the death of a 15-year-old boy -- Macomb County's first case of driving under the influence of marijuana since recreational use was legalized in Michigan.
Albert Donadio, 32, was arraigned in 41A District Court Thursday on two felony counts: Operating Under the Influence Of Drugs Causing Death (OUID) and Reckless Driving Causing Death, as well as one misdemeanor count of Moving Violation Causing Death.
According to police, at around 6 p.m. on January 5, Albert Jugo of Macomb Township was walking with a friend along 25 Mile Rd. west of Hayes Rd. -- a portion of the roadway that was closed for construction.
Jugo was hit by a silver BMW driven by Donadio, and died at the scene.
While Shelby Township Police Chief Robert Shelide told reporters Donadio "reeked" of marijuana when he was arrested, Donadio was released pending further investigation.
Macomb County Prosecutor Eric Smith says a warrant was later authorized after blood tests showed Donadio had marijuana in his system.
Smith told WWJ's Sandra McNeill it's his goal to prove that Donadio was still under the influence when he hit the teen.
"This defendant chose to go down a road that was closed. That car shouldn't have been on that road to start with," Smith said. "And this defendant shouldn't have been behind the wheel. He was high on marijuana and driving a car."
Smith said tests showed Donadio had 9 nanograms of active THC in his system, which "indicates that he was smoking recently," according to Smith.
This come, the prosecutor noted, as authorities in Michigan are dealing with the realities of legalization for recreational use.
"You know, if people want to smoke marijuana and they do that...in association with the laws, that's fine," Smith added. "But the problem that we're seeing is, that people think it's ok to smoke marijuana and drive."
Donadio, who has a prior conviction for driving under the influence of alcohol, posted a $20,000/10 percent bond and was released.
Jugo was in the 8th grade at Shelby Junior High School.
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