JOHNS CREEK, Ga.,None — Court documents show police believe a Lilburn teen was under the influence of a recently banned synthetic drug when he caused a crash that killed a Johns Creek grandfather.
Johns Creek police charged 18-year-old William Hemby with DUI, vehicular homicide, reckless driving and serious injury by vehicle for causing the June 27 crash at the Country Club of The South. Monmohan Yadav, 81, died five days later.
According to an arrest warrant affidavit obtained by Channel 2's Mike Petchenik, police believe Hemby was under the influence of "K2 Potpourri," commonly referred to as synthetic pot. After a series of Channel 2 Action News reports about the dangers of the substance, Georgia lawmakers banned its sale last year.
"A large dose of K2 could impair your ability to drive," said Dr. Robert Geller of Georgia Poison Control.
Last week, Hemby's attorney, J. Tom Morgan, told Petchenik that Hemby's toxicology tests came back negative for drugs and alcohol.
"None of the kids were drinking or doing drugs," Morgan told Petchenik of Hemby and his friends, who were at the pool of the upscale neighborhood prior to the crash.
Geller told Channel 2 Action News that synthetic drugs, such as K2, are often hard to trace in a person's system.
"It may or may not show up," said Geller.
For that reason, DUI attorney Justin Spizman told Petchenik proving that K2 caused Hemby to crash his parents' minivan might be tough.
"DUI drug cases are hard to prosecute when you come down to it," said Spizman, who's not affiliate with this case.
Spizman, a former assistant prosecutor, told Petchenik that police will have to prove Hemby ingested the K2 before getting behind the wheel, and that it caused him to be a "less safe" driver
"With the fact that test came back negative and there was no indication the drug was in his system, it would be a very difficult case to prove and there certainly would be a good defense from a criminal defense perspective," said Spizman.
Georgia Bureau of Investigation spokesman John Bankhead told Petchenik the state crime lab isn't currently equipped to test blood and urine samples for synthetic drugs, such as K2, but he said it was in the works. Bankhead said a private lab could run those kinds of tests.
Hemby's attorney, J. Tom Morgan, told Petchenik that one of the kids in his client's minivan did have a legally purchased over-the-counter product with them that Morgan said investigators "assumed" was K2. He said there was no evidence his client had ingested the substance and reiterated that toxicology tests came back negative.
WSBTV
