JOHNS CREEK, Ga.,None — The lawyer for a Lilburn teen accused of causing a wreck that killed an 81-year-old Johns Creek man said prosecutors have dropped a DUI charged against his client.
Johns Creek Police arrested William Hemby, 18, in July and charged him with DUI, reckless driving and vehicular homicide for causing a wreck inside the Country Club of The South.
Monmohan Yadav died nearly a week after the crash, which happened just yards from his family's home.
An arrest warrant affidavit said Hemby was under the influence of K2 Potpourri, also known as synthetic pot.
"It was unbelievable," Yadav's grandson, Utsav, said. "Unforgivable."
Yadav said his family was outraged about the crash.
"My family members are devastated," he said. "We are still mourning."
Hemby's lawyer told Petchenik that toxicology tests now confirm what he's been saying all along: Hemby had no drugs in his system.
"They took his blood, did a thorough examination, and it came back clean," attorney J. Tom Morgan said.
Morgan said in cases where someone is killed by a drunk or impaired driver, "it's usually a slam dunk for the prosecution."
But, he said there's conflicting evidence about whether Hemby was speeding, which could bode well for his defense.
"I was absolutely positive the Johns Creek police department had overcharged him and were kind of on a fishing expedition," Morgan said. "It's a tragic accident, and it affects him every day."
Utsav Yadav told Petchenik he's upset the charge was removed and that he's concerned Hemby won't face consequences for what happened.
"I hope he regrets this for the rest of his life," he said.
Calls to the Johns Creek Police department and to a spokesman for the District Attorney's office were not returned.
Morgan said a trial would likely happen in May after Hemby's high school graduation.