DES MOINES, Iowa — Prosecutors continue to call witnesses in the trial surrounding 4-year-old Marcos Faguada’s death. Medical professionals on the stand claimed Robert Miller could have been under the influence before crashing into Faguada’s car.
Miller is accused of vehicular homicide due to street racing on Fleur Drive before the deadly crash this December.
Dr. Justin Grodnitzky, a toxicologist with the Department of Criminal Investigation, reported Miller’s blood alcohol level was measured at 0.66, slightly below the legal limit of 0.8. However, since the blood test was taken five hours after the crash, Grodnitzky said it was possible Miller could have been over the legal limit while behind the wheel.
“If someone stopped drinking and you took their blood right after the last drink and you waited five hours, you would expect the measurement five hours later to be lower because of metabolism,” Grodnitzky said.
State Medical Examiner Dennis Klein described Faguada’s injuries after the crash. He said Faguada died of blunt force trauma, with injuries including a torn liver, bleeding around his lungs, and a fractured spinal cord.
“That can have a very profound effect on the nerves that come off of the area of the spinal cord that was injured,” Klein said. “That’s in the area with the nerves that go down to the diaphragm, the muscles that cause breathing. It very well could have affected his ability to breathe on his own.”
The only curveball during Friday’s testimony was when Judge Lawrence McLellan dismissed a juror after a witness recognized them. It did not have a large effect on the trial.
Miller’s trial will continue after Memorial Day Weekend.