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Posted on Mon, Jul 5, 2010 : 6 a.m.

Ann Arbor man granted a new trial pleads no contest in fatal hit-and-run crash

By Art Aisner

An Ann Arbor man granted a second trial on charges in a fatal hit-and-run crash entered into a plea deal with prosecutors.

George Feezel, 25, pleaded no contest to one count of failing to stop at the scene of serious injury crash during a pre-trial hearing in Washtenaw County Circuit Court last week. A no contest plea is not admission of guilt but is treated as such at sentencing, which is scheduled for Aug. 25.

Feezel was originally convicted of failing to stop at the scene of serious injury crash and operating a vehicle while intoxicated causing death in 2007, nearly two years after his vehicle struck pedestrian Kevin Bass on Packard Road during an early-morning rainstorm. Bass, 39, died at the scene.

Feezel was ordered to serve seven to 30 years in prison and lost his initial appeal.

Last month, the Michigan Supreme Court overturned parts of the case and found Circuit Judge Archie Brown erred by not allowing evidence about Bass’ level of intoxication to be presented at trial. The decision also reversed previous rulings that a marijuana byproduct present in the body does not constitute intoxication.

Court records show Feezel also pleaded as a habitual offender because it was his third arrest. However, he will be credited for more than three years of time served, and will be eligible for parole once the case is finalized as part of a sentencing agreement with Brown.

A civil suit filed by Bass’ family is pending.

Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.

Comments

ypsiman71

Mon, Jul 5, 2010 : 4:30 p.m.

"The decision also reversed previous rulings that a marijuana byproduct present in the body does not constitute intoxication." This statement is actually backwards. It should read "The decision reversed previous rulings that a marijuana byproduct present in the body does constitute intoxication." In other words a defendant cannot be prosecuted for having metabolites in their system. Here is a quote from the opinion: We hold that 11-carboxy-THC is not a schedule 1 controlled substance under MCL 333.7212 and, therefore, a person cannot be prosecuted under MCL 257.625(8) for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system. As a result, Derror was wrongly decided, and because the doctrine of stare decisis supports overruling Derror, we overrule Derror to the extent that it is inconsistent with this opinion.

Tom Joad

Mon, Jul 5, 2010 : 9:41 a.m.

Michigan is a per se marijuana state meaning any metabolites of THC detected in a test shows being under the influence while driving. Obama wants to force the entire nation to adopt this strict per se DUI law. Even if you smoked a joint a month ago, being fat soluble, the THC metabolites will remain detectable for over a month.

uomphat

Mon, Jul 5, 2010 : 7:53 a.m.

Habitual Offender/3rd Arrest. OTIS shows arrests for B&E with intent and unlawful use of a motor vehicle (he was violated for this offense as well). 15th District Court shows the following closed records for him: FEEZEL/GEORGE/EVAN D01 D1500 I020035798 ON H FEEZEL/GEORGE/EVAN D01 D1500 I020035938 OM H FEEZEL/GEORGE/EVAN D01 D1500 I020036396 ON H FEEZEL/GEORGE/EVAN D01 D1500 I020036397 OI H FEEZEL/GEORGE/EVAN D01 D1500 I040014630 ON H FEEZEL/GEORGE/EVAN D01 D1500 I040014666 OM H Damn good start for being 25, or 22 at the time of offense. Can't wait for him to be released back into the community. Stay off the sidewalks and roads people!!