The trial of Duluth businessman charged with driving under the influence of a controlled substance and running a red light in an accident that resulted in the death of two men on March 16, 2009, has been postponed.
Daniel D. Dougherty, 51, operator of Dougherty Funeral Home, is accused of driving under the influence of Ambien, a prescription sleep aid, and causing the crash on U.S. Highway 53 in Hermantown. He's also charged with careless driving, failure to obey a traffic control signal and speeding.
Hermantown city prosecutor Shawn Reed told Judge Shaun Floerke in St. Louis County District Court on Monday that he had recently provided additional evidence to Duluth attorney David Keegan, who is representing Dougherty. Floerke told the attorneys that the case will be assigned to a judge and a new trial date set. The trial had been scheduled to start on June 22.
Dougherty crashed his GMC Yukon broadside into a Toyota Camry driven by Timothy John Schlies as it crossed Highway 53 on Arrowhead Road. Schlies died at the crash scene. His passenger, Hans Champney Warren, was critically injured and later died in a Duluth hospital. The vehicle speed data from Dougherty's vehicle indicated he was traveling 58 mph in a 50 mph zone five seconds before the crash.
All four of the charges against Dougherty are misdemeanors, punishable by a maximum penalty of 90 days in jail and a $1,000 fine. The guideline penalty is a presumed stayed sentence at the discretion of the judge and non-jail probationary sanctions.
