Published: Tuesday, July 20, 2010, 1:34 PM
Cole Waterman | The Bay City Times
MIDLAND — A Midland man charged in connection with his ex-wife’s death has again been bound over to Midland County Circuit Court.
Tuesday, Lewis C. Henderson Jr., 54, appeared for a preliminary hearing before Midland County District Judge John H. Hart. Henderson is charged with driving under the influence and causing the death of his ex-wife, Kelly S. Deering, 49.
On Oct. 28, Henderson was allegedly driving a 1994 Buick Regal along Bay City Road when it slammed into a railroad crossing sign, killing passenger Deering. Henderson has claimed he swerved to avoid a deer, Bay City Times archives show.
Bay City attorney Jason Gower, who is representing Henderson, said the Midland County Prosecutor’s Office argued Henderson’s legally prescribed medication put him under the influence.
A Michigan State Police toxicologist testified that although the defendant had prescription medication in his blood, it was within the range of therapeutic levels, Gower said. Henderson’s blood also tested positive for one nanogram of THC — the active compound in marijuana.
Gower maintains the low amount of THC indicates it arrived in Henderson’s body from “passive inhalation.”
“If he had recently smoked marijuana, the amount would have been much higher,” Gower said.
Hart bound the matter over to circuit court, where Henderson will face a Cobbs hearing on Aug. 11. The case was bound over to circuit court in April, before being remanded to district court for a preliminary examination.
Gower said he plans on filing a motion challenging authorities’ procedure of obtaining his client’s blood.
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