GALVESTON

A Texas City commissioner charged with two counts of intoxication manslaughter in July after two men were killed in a car crash tested negative for marijuana, according to court records.

Texas City Commissioner Dee Ann Haney was charged with two counts of intoxication manslaughter July 3 after a collision caused the deaths of two men on the Galveston Causeway.

A Sept. 6 toxicology report conducted by the Texas Department of Public Safety Crime Laboratory came back negative for eight drugs tested by the screening, including marijuana, cocaine and opiates, according to documents filed by her attorney earlier this month.

The toxicology tests detected pseudoephedrine, a common ingredient in cold and sinus medication, and zolpidem, a sedative most commonly found in sleeping aids like Ambien, according to the report. But the test had not confirmed the quantity of those drugs, according to the report.

Haney’s attorney could not be reached Tuesday night.

Shortly after 1 a.m. on July 3, police were called to the northbound lanes of Interstate 45 just north of the causeway entrance ramp off Harborside Drive, where two men had been struck by a Ford F-150 pickup, according to police.

Haney told DPS troopers at the scene of the crash that she had smoked marijuana earlier in the day, according to an arrest affidavit. Authorities filed charges shortly after the crash and she was released midday after posting a $100,000 bond.

Haney’s attorney, Kevin Rekoff, filed a motion Nov. 3 to have a breathalyzer removed from her car, which had been ordered after the charges.

The breathalyzer, which prevents a vehicle from starting if the driver has been drinking, was not necessary because she was not under the influence of alcohol at the time of the crash, Rekoff said.

Haney works at Texas A&M University at Galveston as a safety coordinator and has served on the Texas City Commission since 2004.

“The interests of justice are not served by the continued requirement that defendant install and maintain a deep lung breath device in any vehicle she operates, when there is absolutely no belief, assertion or evidence that defendant was under the influence of alcohol at the time of the subject events,” Rekoff wrote.

“Along with the relatively significant costs of maintaining the deep lung breath device in the vehicle that she drives, defendant is also caused significant embarrassment when required to utilize the deep lung breath device.”

Information about results of the drug testing was contained in Rekoff’s motion to have the breathalyzer removed from Haney’s car. He obtained the results from the district attorney’s office through discovery, according to the motion.

A hearing on that motion is scheduled for Monday morning in Judge John Ellisor’s court.

Haney remains on the Texas City Commission while the case is pending. An attorney initially representing Haney said she had been called into work to the Texas A&M University at Galveston campus because of a flooding issue and was driving home when the crash occurred.

Marissa Barnett: 409-683-5257; marissa.barnett@galvnews.com

(24) comments

David Doe

If you tell the police you smoked some weed and then we learn 6 months later the tests came back negative, then we know this is a duck. She smoked weed, we Know that and so does she and the police. There is no way you can smoke weed and be tested the same day and the tests come back negative. Not sure who is trying to fool who!

Ron Shelby

Yeah. Something sounds definitely wrong here which should prompt an investigation in its own right. Time to look into the agency or firm doing the testing, and results of past tests.

Bill Cochrane

Why does the article say "A Sept. 6 toxicology report"? Does it mean THE report that was received on Sept. 6th? Or was a test done on Sept. 6th?
And, why in the world would she admit to a cop she smoked weed if she did not? Does not make sense.

PD Hyatt

And why in the world would you be driving if you are on Ambien?

Staff
Marissa Barnett

Hi Bill,

The test was received Sept. 6, the blood work was taken shortly after the crash.

Best, Marissa

Carlos Ponce

Speculation: She bought synthetic marijuana thinking it was the real thing.
"Synthetic marijuana is a designer drug in which herbs, incense or other leafy materials are sprayed with lab-synthesized liquid chemicals." Since the chemical composition varies from source to source it's possible it contained the chemicals discovered by the test. Some get you high, some make you sick, some may kill you.
https://www.drugs.com/illicit/synthetic-marijuana.html

Gary Scoggin

You are right, that is speculation. Totally irresponsible speculation that doesn’t even agree with the facts of the case.

Dwight Burns

Facts and Carlos Ponce parted ways long ago.

Carlos Ponce

Another person who does not understand what the term "speculation" means. Look it up!

Carlos Ponce

What part of "speculation" don't you understand????
And it fits the evidence.

Jim Forsythe

When was Synthetic marijuana talked about?
Only after you tried to make it a possible reason , so you could make try and fit what you think happen.
Someone, who is having medical problems, can say things that are not true.
You are irresponsible" for trying to spread this FAKE NEWS.

Gary Scoggin

I understand what speculation means and I agree you engaged in it. But wild speculations can still be irresponsible. And when you pull something out of left field it can be considered irresponsible.

Carlos Ponce

Gary, you are entitled to your opinions, speculations but I'm not entitled to mine????
That reeks of fascism.
The Holocaust victims would tell their NAZI oppressors in concentration camps, "Die Gedanken sind frei". It is a German folk song about the freedom of thought.
My speculation is not from "left field". It is based on what is presented but just speculation. You disagree with my opinion, fine. But this attack from you is unwarranted. I disagree with your comments especially about "dog whistles", "Islamophobic comments", etc. but you are entitled to your opinion. I consider them from the FAR Left Field but as they say, "Die Gedanken sind frei"!

Jim Forsythe

Carlos, you talk about FAKE news ,  you are trying to make it , and spread it.
To speculate about something this serious, is beyond irresponsible. Carlos, you owe her an apology.
Just because someone appears drunk or intoxicated does not mean they are.To jump too, she might of, is just speculating what might have happen, and is not right.
It is possible that she may have symptoms of diabetes which  may make a person appear drunk or intoxicated or she may have epilepsy, or Brain Injury.

What good comes from speculating about what she did . It will come out in court and they will decided what needs to happen. To try and add to her problems, with no knowledge of what happen that night , is just trying to pile on to her problems.
If she had been using a Spice /K2 or other types of substances she would most likely would have been tested for it. People under the influence of Synthetic marijuana, do not act like someone under the influence of marijuana.
"They have been under the influence. Their behavior has become unmanageable. There were several incidents of family violence with youth under the influence," .
If she had been using Synthetic marijuana, and it was found in her system , she would have faced this. 
Starting 2011.
Following the DEA's action, DSHS is required by state law to place the substances on the Texas Schedules of Controlled Substances unless the commissioner objects. Schedule I, the most restrictive category on the Texas Schedules of Controlled Substances, is reserved for unsafe, highly abused substances with no accepted medical use. Five chemicals, JWH -018, JWH-073, JWH-200, CP-47,497, and cannabicyclohexanol that are found in K2 were placed on the Schedule.
Penalties for the manufacture, sale or possession of K2 are outlined in Section 481.119 of the Texas Controlled Substances Act. The penalties remain in effect unless the Texas Legislature determines a different penalty group for the substances.
Persons found guilty of a Class A misdemeanor are subject to a fine not to exceed $4,000 and/or confinement in jail for a term not to exceed one year. Persons found guilty of a Class B misdemeanor are subject to a fine not to exceed $2,000 and/or confinement in jail for a term not to exceed 180 days.

Carlos Ponce

Fake news???? I presented NO NEWS, NO FACTS, just speculation. Look up the word.
"Just because someone appears drunk or intoxicated does not mean they are."
She TOLD DPS she was on marijuana. What I present is logically based on EVIDENCE presented in this paper but as I posted, just SPECULATION!!!!!!
If you disagree with this fine. But saying it is "irresponsible" to form a theory on what has been presented in this paper is not right.

Jim Forsythe

When was Synthetic marijuana talked about?
Only after you tried to make it a possible reason , so you could make try and fit what you think happen.
Someone, who is having medical problems, can say things that are not true.
You are irresponsible" for trying to spread this FAKE NEWS.

Carlos Ponce

Jim, I reported no news, fake or otherwise. The facts as reported in this paper is that she told DPS she had taken marijuana. No trace of that. So she must have taken something else that she called "marijuana". Did you look up the word "speculation"? That's all I present. Just looking at the GCDN and "speculating".
Your speculation was that she misspoke. I accept that as a possibility because you are just SPECULATING. But you don't know that for a fact. But I'm not going to call your speculation "fake news". Your speculation is as good as my speculation. So quit hating.

Felicia Mendoza

And then the Unicorn tried cheesecake and jumped over the moon,... oh wait, that was a cow. These sideline semi-pro debaters need to take a deep breath, and "look for gold", dirt is way to easy to find. PEACE OUT.

Bill Cochrane

The burning question still remains. Why in the world would anyone tell a cop you just smoked grass? Why would the cop lie? Another reason for body cameras, but a high dollar attorney would discount the statement even if it was made. It is what it is.

Jim Guidry

I think the test she was given was a toxicology blood test. It tests for active toxins that can impair your ability to operate a vehicle. Just like alcohol tests, the levels of THC in the bloodstream dissipate within hours. This was not a hair follicle test, that tests for historic use. I think the object of the test was to see if she was intoxicated at the time of the accident.

Mark Aaron

Jim: [ the levels of THC in the bloodstream dissipate within hours.]

That is not accurate. The THC remains detectable for weeks afterwards.

Jim Guidry

Detectable, yes. Impaired by DPS standards, no.

Mark Aaron

Jim: [Detectable, yes. Impaired by DPS standards, no.]

Do you have a link to that information?

Jim Forsythe

They were looking to see if she was impaired at the time. The results came back , she was not. It make no difference if she was earlier, as they were not looking at that . If they were, they would have used the hair follicle test, which is what most plants do in this area , when they hire, and for other reasons.. It maters on the the quantity of the active ingredient in marijuana as to how long it can be detected .
Some strains have a higher amount of THC and other things.

"Due to varying cultivation techniques, the quantity of the active ingredient in marijuana may vary and more potent marijuana samples may be detectable for longer periods after using it. Usually THC metabolites can be detected between 10 to 14 days after using marijuana."

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