GREEN BAY, WI (WTAQ-WLUK) – Evidence that the driver killed in a triple-fatal crash had marijuana in his system will be allowed at the trial of the suspect, a judge ruled.
Abdi Ahmed, 23, faces three counts of first-degree reckless homicide for the June 28, 2020, Lombardi Avenue crash which killed Jessie Saldana, Sonia Gonzalez-Guillen, and Sonia Gonzalez. No trial date has been set. The parties return to court Tuesday for a status conference.
The defense sought permission to introduce evidence Saldana had marijuana in his system, perhaps impairing his ability to operate the vehicle, contributing to the crash. Prosecutors objected, arguing state law notes a defendant is not immune from criminal liability even if the victim has been negligent.
In a six-page decision dated Friday, Judge John Zakowski said the information can be presented to the jury.
“The court believes causation to be an issue in this case. The court recognizes that in a first degree reckless homicide prosecution the State is required to prove beyond a reasonable doubt only that the defendant’s acts were a substantial factor in the victim’s death, not the sole cause. However, that does not prevent a defendant from introducing relevant evidence in his defense. The very nature of the accident and involvement of both drivers differentiates this case from others where the victim’s drug use is irrelevant; for example, where a victim is shot but his earlier drug ingestion played no part in the shooting. The State claims the defendant’s excessive speed was a substantial factor in the cause of the fatal accident. The defense claims the victim’s failure to yield by turning left into the path of the defendant’s oncoming vehicle was a substantial factor in the cause of the accident,” the judge wrote. “The evidence of marijuana and meth usage may be a reason the victim turned in front of the defendant The court will therefore permit the introduction of the drug evidence.”
According to the criminal complaint, Ahmed was driving 104 miles per hour 1.2 seconds before the airbag deployed in his Dodge Charger. Data from the airbag computer module also shows the brake was engaged only 1.1 seconds before the airbag went off. The data shows the car was traveling 84 mph the tenth of a second before the airbag deployed.
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