EAGLE RIVER - The trial is back on for a Calumet man accused of leaving the scene of a fatal accident in November 2011 that killed his friend.
A three-day trial for David Simons is scheduled to start Jan. 16 in Keweenaw County Circuit Court.
Simons was allegedly driving when his car ran off the roadway and into trees on 5 Mile Point Road in Allouez Township.
Garrett Neese/Daily Mining Gazette
Keweenaw County Prosecuting Attorney Donna Jaaskelainen, David Simons’ attorney Nicholas Daavettila and Simons are seen during a hearing in Keweenaw County Circuit Court Wednesday. Simons is scheduled to stand trial starting Jan. 16 on a charge of leaving the scene of a fatal accident.
The accident killed Jeffrey Brusso, who was riding in the passenger seat. Police found Simons at his home in Calumet about two-and-a-half hours after the accident.
A trial had been scheduled for this month. However, at a hearing last week, Prosecuting Attorney Donna Jaaskelainen and Simons' attorney, Nicholas Daavettila, said they had come up with a potential plea agreement, which was then taken to Brusso's family.
Judge Charles Goodman granted Daavettila's request for funding for an independent lab to test Simons' blood, as well as an expert toxicology witness to testify to the results.