Prosecutors Thursday dropped intoxication allegations against an 18-year-old man accused of taking part in a freeway race that resulted in the deaths of two passengers in a teenage friend's car, after a toxicology report showing no marijuana in the defendant's system.
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Michael Sebastian Johnson now faces two counts of gross vehicular manslaughter and other charges in connection with the crash that took the lives of 16-year-old Jayli Campbell and 18-year-old Anthony Foreman.
Johnson -- who was originally charged with gross vehicular manslaughter while intoxicated -- also faces felony charges of engaging in a speed contest resulting in injuries and reckless driving, along with possession of marijuana while driving, an infraction.
The Santana High School graduate was arraigned on the amended charges Thursday and pleaded not guilty.
Johnson -- who remains free on $50,000 bail -- will be back in court June 14 for a readiness conference and Sept. 11 for trial.
At an earlier hearing, Deputy District Attorney Kristen Spieler alleged the defendant was racing and zigzagging in and out of traffic just before his friend's car crashed near Convoy Street on April 4 about 11:45 p.m. as they headed home from a bonfire at La Jolla Shores.
Spieler said Johnson -- who stayed at the scene after the crash -- appeared to be under the influence, and a small amount of marijuana was found in his car.
Six hours after the accident, Johnson showed symptoms of impairment and had a green substance on his tongue consistent with marijuana use, the prosecutor alleged during a preliminary hearing in April. An initial lab report indicated that Johnson could have had marijuana in his system, according to court testimony.
But defense attorney Russell Babcock argued there was no evidence that Johnson smoked any marijuana the night of the accident, and he questioned whether his client could be held legally responsible for the victims' deaths.
"This was not a race," Babcock told the judge.
Zach Bishop, the 16-year-old driver of the car that crashed, was charged in Juvenile Court with vehicular manslaughter, but prosecutors seek to have him tried as an adult. A status conference is set for Tuesday.
Authorities said Bishop was behind the wheel of a Volkswagen Passat, taking four other teenagers home from the beach party, when he lost control of the sedan, which careened into a center divider near Convoy Street, struck a bridge pillar and flipped seven times, end over end.
Two back-seat passengers in the Passat, Campbell and Foreman, were ejected from the vehicle and died at the scene. The other two passengers, a 17-year-old boy and a 15-year-old girl, were seriously injured.
Bishop, who sustained moderate injuries, was found to have been sober at the time of the accident.
Johnson, who was driving a Volvo S40 that did not crash, was not injured, nor were his two passengers.
Babcock said the two drivers left the bonfire at different times, and Johnson claimed the other driver passed him at high speed just before crashing.
But Spieler said other drivers on the freeway were forced to take defensive action and one witness saw both cars pass by at 100 mph.
When confronted by officers after the fatal crash, Johnson admitted racing the other driver, then later denied it, saying he was only going 75 mph, the prosecutor said.
Spieler said Bishop called Johnson on a cellphone as they were racing, but Johnson didn't answer.
Judge Robert F. O'Neill said the fact that Johnson changed his story indicates "a guilty mind."
Bishop's attorney said his client is full of remorse about the incident and is holding up the best he can.
"Zach is doing much better. He got straight A's in school
[he's] obviously in juvenile hall and he's getting along well with everybody. He's going to his counseling. He's doing as well as can be expected, but again he's 16 years old, he's a child. He should be home with his mom and dad," said defense attorney Jim Dicks.
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