A Milford man faces criminal charges of vehicular manslaughter while failing to drive in marked lanes in connection with the death of Collin Barton last March. Adam Horvath allegedly fell asleep while driving and hit the teenager as he walked home from a party. Barton’s body wasn’t found for two days because the impact had knocked it off the road.
Previously, the prosecuting attorney had said that Horvath would not face criminal charges. However, prosecutors reconsidered this decision after discussing this case with the victim’s family and receiving additional evidence. Horvath, police allege, had marijuana and psilocin, from mushrooms, in his system.
Another man, Andrew Weber faces felony drug charges for allegedly selling Barton hallucinogenic mushrooms that contributed to his death. Weber allegedly sold the hallucinogenic mushrooms to Barton for $80. Barton’s toxicology report showed he had psilocin and marijuana in his system.
The prosecutors allege that Horvath is responsible for the death despite prior statements that Barton was walking in the road and under the influence of mushrooms. At the time, the prosecutor said, “From the facts we know, (Barton) clearly was not on the sidewalk.” However, a new witness has provided testimony that Barton was, in fact, on the sidewalk.
Police said they detected no odor of alcoholic beverages on Horvath.
Mike Allen told the media that it is common for cases to be re-examined at the request of a victim’s family.
In a case like this I think the prosecutor said charges probably wouldn’t be pressed. If new evidence comes along the prosecutor is completely in his rights to open the case and take another look at it. It’s unusual but it happens in every jurisdiction in this country.
The possibility of a prosecutor continuing to make inquiries– even after an initial charging decision has been made – is another reason that persons who may face criminal charges should retain an experienced criminal defense attorney to represent them at all stages of an investigation. The criminal defense attorney may be able to present or explain additional evidence to the investigators in order to avoid new charges.