Pharmacologist testifies Brandon Schaul wasn’t drunk night of fatal crash

CEDAR RAPIDS - A Chicago pharmacologist testified Brandon Schaul wasn't intoxicated by drugs or alcohol May 18, 2013 when he crashed his pickup into van which resulted in the death of the driver and seriously injuring her toddler.

Dr. James O'Donnell, a licensed pharmacologist and professor at Rush Medical College in Chicago, testifying for the defense, said Schaul's blood alcohol content level was .06 at the time of the crash, which is below the legal limit. He extrapolated the level based on when the blood specimen was taken at the hospital, which was a few hours after the crash.

However, on cross examination Linn County Attorney Jerry Vander Sanden pointed out O'Donnell's calculations on time lapse was off 10 minutes and it would put his BAC at .072.

O'Donnell admitted Vander Sanden was correct but said it didn't change his opinion that Schaul wasn't intoxicated. He also said he didn't agree with other studies that state there is impairment at .05 BAC when driving a vehicle, as Vander Sanden pointed out.

Schaul, 27, of Cedar Rapids, is charged with homicide by vehicle, serious injury by vehicle, and driving while barred. He is accused of unintentionally causing the death of Rachel Denny, 26, and causing serious injury to 21-month-old Izabella by driving a vehicle while under the influence of a combination of alcohol and drugs or while any amount of a controlled substance that were present in his body that day. Izabella had severe spinal cord injury and remains on ventilator today in order to breathe.

According to testimony, Schaul was driving a pickup shortly before 1 a.m. May 18, 2013 when he hit a van driven by Denny, near the intersection of Highway 13 and Valley Farm Road near Central City.

The defense started its case Thursday but is expected to rest Friday and closing arguments should start 9:30 a.m.

Deputies and witnesses testified earlier this week that they smelled alcohol on Schaul and that he was agitated and excited after the crash but O'Donnell said that didn't affect his opinion. The smell of alcohol on someone doesn't indicate intoxication and his agitated state doesn't indicate intoxication. The accident is an emotional event, he said.

Schaul tested positive for carboxy of THC or marijuana but it's an inactive metabolite of marijuana, O'Donnell said. Schaul tested for a small amount but no amount of carboxy THC can affect the brain or impair someone. O'Donnell concluded Schaul wasn't under the influence of marijuana at the time of the crash.

Vander Sanden on cross asked if O'Donnell was aware according to Iowa law a person is under the influence if they have any amount of a controlled substance or metabolite in their system while driving.

O'Donnell said he understood.

Vander Sanden asked if O'Donnell asked Schaul when he used marijuana last before the crash.

O'Donnell said Schaul used the day before, about midafternoon.

Vander Sanden asked if O'Donnell asked Schaul when he drank alcohol that night because Schaul told police he drank eight to 10 beers that night.

O'Donnell said he didn't know without looking at his notes.

The prosecution's rebuttal witness, Justin Grodnitzky, toxicologist with Iowa Division of Criminal Investigation Crime Lab, said there are studies that have found impairment can occur if someone has a BAC as low as .02 and someone driving with a .07 level are more likely to be in an accident.

Grodnitzky said the combination of alcohol and marijuana can impact impairment.