Judge Won't Dismiss Marijuana Charge in Crash That Killed State Trooper

WORCESTER, MA — None of the charges will be thrown out against the man charged with killing a state trooper earlier this year.

An attorney for David Njuguna argued that his client was being charged on duplicate charges, with lack of evidence for all, but a Worcester Superior Court judge refused to dismiss any of them, reports The Boston Globe.

Njuguna is accused of causing the death of Trooper Thomas Clardy on March 16, when investigators say he crashed into Clardy's parked cruiser on the Mass. Pike in Charlton. Njuguna was indicted in May in connection with Clardy's death on charges of motor vehicle homicide, manslaughter, driving with negligence and driving under the influence, said District Attorney Joseph Early. Njuguna tested positive for medical marijuana, according to officials.

Clardy, of Hudson, was 44.

Attorney Peter L. Ettenberg said the three charges were legally similar, and shouldn't be used for the same act. Njuguna's attorney specifically looked to throw out the marijuana-related charge, with prosecutors contending that he had purchased three marijuana joints at a medical dispensary an hour before driving, reports WCVB-TV.

In May, Njuguna, who is from Webster, pleaded not guilty to all charges.

Photo Credit: WHDH-TV Channel 7 News