Legal Analyst On Trial Of Man Accused Of Killing Trooper While Driving High

BOSTON (CBS) - Prosecutors say 33-year-old David Njuguna of Webster was speeding when he crashed into the back of Trooper Thomas Clardy's parked cruiser on the Massachusetts Turnpike in Charlton on March 16, 2016.

Njuguna was indicted on several charges including manslaughter, motor vehicle homicide, and motor vehicle homicide while under the influence of drugs. Prosecutors say marijuana was found in his car and THC was found in blood samples taken from him roughly an hour after the crash.

Njuguna waived his right to a jury and Worcester Superior Court Judge Janet Kenton-Walker is still deciding his fate after the 7-day trial. The Worcester District Attorney's Office said the judge will reveal her verdict Tuesday at 3 p.m.

WBZ-TV legal analyst Jennifer Roman believes Kenton-Walker will find Njuguna guilty of motor vehicle homicide.

"You're speeding. You lose control. Negligence, negligence," Roman said.

Roman says it remains to be seen if the judge feels that the prosecution proved the charge of motor vehicle homicide while under the influence of drugs.

"It really comes down to was he actually under the influence of marijuana at the time of the collision and that is anyone's guess," Roman said. "Many of the observations that a trooper may have made of the defendant at the time could have been signs of something else. Dilated pupils for example. Blood shot eyes. Those could be signs of a medical episode."

During closing arguments October 29, Njuguna's attorney Peter Ettenberg said a seizure could not be ruled out as the cause of the crash.

Those closing arguments were delayed after Njuguna had an outburst in court, apologized to Clardy's widow and then ignored the judge's order to stop talking.

Kenton-Walker told Njuguna she would not accept his statement because he wasn't under oath.

Ettenberg and co-counsel Jaclyn Rose Greenhalgh then withdrew from the case Monday, citing a breakdown in their relationship with their client.

Clardy was 44 years old and an 11-year veteran of State Police. He left behind his wife and seven children.