POT USER NOT GUILTY IN DEATH OF CYCLIST

Only Conviction Nicholas Ryan Denman Gets In Fatal Crash Case Is Marijuana
Possession

TRAVERSE CITY - Jurors Monday found a 16-year-old innocent of operating
under the influence of drugs causing death in connection with a crash that
took the life of a 20-year-old bicyclist.

Nicholas Ryan Denman was found guilty of possession of marijuana after a
three-day trial in Grand Traverse Probate Court, a charge that had been
conceded by his defense lawyer from the trial's start.

Nathaniel Kitchen was killed while riding his bike on South Airport Road
near Logan's Landing at about midnight Aug. 28, 2000. Denman was headed
west when a car ahead of him moved into the left lane to avoid Kitchen.
Denman moved in to pass on the right and struck the man.

Denman's lawyer, former Probate Judge John Foresman, argued that the
accident could not have been avoided and that Denman, even though he
admitted to smoking a marijuana cigarette 20 minutes before the crash, was
less affected by the drug because of prolonged use.

Foresman called an accident reconstruction specialist who testified that
Denman did not have enough time to react to avoid the accident.

Grand Traverse County assistant prosecutor Robert Cooney had argued that
Denman's ability to drive had been impaired by marijuana and caused him not
to notice Kitchen.

Denman also was found not guilty of leaving the scene of an accident.
Police said Denman drove away to discard a bag of marijuana before coming
to the scene to attend to Kitchen. Foresman said Denman threw away the
marijuana as he circled back to the accident scene.

Foresman characterized his client as "a person who was in the wrong place
at the wrong time and happened to be a marijuana user."

Probate Judge David Stowe on Monday ordered the 16-year-old Denman to be
tested regularly for marijuana and alcohol use while he awaits a
dispositional hearing when he will be sentenced for possession of marijuana.

Kitchen's family has filed a wrongful death lawsuit against Denman's
parents. Blake Ringsmuth, lawyer for the Kitchens, said Denman's parents
were negligent in letting him use their car because they knew he had a
restricted license and a history of marijuana use.