GASTONIA, N.C. — A suspect charged with driving off the road and hitting a Gastonia man walking home wants the state lab to retest his blood.
Defense attorney Ronald Haynes Jr. admits David Pope drove off South New Hope Road and hit James Mitchell.
Previous coverage:
- Judge increases bond for driver in deadly crash
- Woman seeks justice for fiancé who was hit and killed on Gaston County road
Haynes also admitted Pope had meth in his system.
However, the defense attorney argued Pope wasn’t impaired and the state must do more to prove it
“I can’t believe this argument,” said Vanessa Glenn, Mitchell’s fiancé. “Apparently, he don’t realize what he done. The seriousness of it. He took someone’s life.”
Mitchell left home for a walk to the store on Jan. 28, 2024.
Police said Pope drove off South New Hope Road near Barber Road killing Mitchell.
“I don’t think he had no remorse,” Glenn said.
The state determined that Pope had methamphetamine in his system
Haynes argued on Wednesday that cold medicine can leave traces of meth in someone’s blood.
“There’s no way to know if my client took an over-the-counter medication that would give a positive indication of methamphetamine or whether he took an illicit drug,” Pope said.
Haynes said he wants the state lab to show a level of impairment similar to how they test blood alcohol levels or provide a letter to the courts explaining that they can’t show Pope was impaired.
“They are asking the lab to do a test for quantitative that the lab doesn’t do,” said prosecutor Stephanie Hamlin.
The judge ordered the defense attorney to have his witnesses independently test the blood and make his case at trial.
The defense attorney also asked to have Pope’s bond lowered to the same level it was before the case became a felony.
“Your honor, I just think he doesn’t want to be in jail,” Hamlin said.
The judge said without new factors in the case, Pope’s bond must remain at $50,000.
VIDEO: Woman seeks justice for fiancé who was hit and killed on Gaston County road
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