Alleged hit and run driver Dustan Bowen, 28, of Sanford, was bound over to 11th Circuit Court in Mackinac County Friday, November 13, where Judge William Carmody will take up the 16-count felony case at 1 p.m. Thursday, November 19.

Mr. Bowen's SUV allegedly struck a group of pedestrians July 25 on South Gould City Road in Newton Township. Three of those walking on the road died as a result of their injuries, Jonel Hoogterp, 26, Julie Hatch, 31, both of Durham, North Carolina, and Sara Dobbrastine, 24, of Kent City. Two others were injured in the incident.

92nd District Court Judge Beth Gibson sent the case to Circuit Court Friday after she concluded there is sufficient evidence of prob- able cause that a felony has been committed by Mr. Bowen.

He is charged with three counts of second degree homicide murder; three counts of failure to stop at the scene of an accident when at fault, resulting in death; three counts of homicide - manslaughter with a motor vehicle; three counts of operating while intoxicated, causing death; one count of operating while intoxicated, and two counts of killing/torturing animals. Two dogs walking with the pedestrians were killed in the incident.

Mr. Bowen was also charged with one count of operating a vehicle in violation of license restrictions, although the court did not address this count, since it is a misdemeanor. All other counts are felonies, except the one count of operating while intoxicated, which is a misdemeanor but was addressed by the court because it is related to the other felony charges.

Mr. Bowen could face up to life in prison if convicted of the murder charges, Mackinac County Prosecuting Attorney Fred Feleppa said.

The one count of operating while intoxicated and three counts of operating while intoxicated causing death were added before the reconvening of Mr. Bowen's preliminary examination Friday. The examination process first began Tuesday, September 15.

A physician from the Michigan State Police Crime Lab testified to the presence of a combination of five prescription drugs in Mr. Bowen's system at the time his blood was drawn after the crash. The same physician also testified that the presence of these drugs could have caused drowsiness and slowed his reaction time.

Mr. Bowen's attorney, Todd Flood of Flood, Lanctot, and Conner in Royal Oak, argued that there was no way of telling whether the drugs in his system were taken long before, shortly before, or shortly after the crash. He also argued that no evidence had proven Mr. Bowen was legally drunk at the time of the accident, but Judge Gibson cited his admission to the sheriff's deputy who detained him that he had been drinking.

Deputy Isaac Harrigan testified that after finding Mr. Bowen walking alongside a road about 12 miles from the site of the crash, he asked him where he was coming from and Mr. Bowen responded by saying, "I think you are looking for me." When the deputy asked why he would be looking for him, Mr. Bowen said he had been drinking and had been driving on Gould City Road.

"All we know is that something terrible happened," said Paul Bernier, another attorney for Mr. Bowen. "Most of what has been offered by Mr. Feleppa is speculation."

Judge Gibson said she is relying on Mr. Bowen's admission of guilt alongside the toxicology report from the State Police and the defendant's flight from the scene of the crime, the whole of which, she said, provides there is probable cause that he was intoxicated at the time of the incident.

Attorneys for the defense also argued that prior court cases stipulate that a person may only be charged with manslaughter or murder if gross negligence and willful, wanton disregard for human life can be found, which they argued does not exist in this case.

"Murder two is not even close," Mr. Flood said. "I would make the case that this was ordinary negligence."

Mr. Feleppa said Mr. Bowen created a situation with the likely result of death by driving outside his license restrictions, at a high rate of speed, and possibly under the influence of drugs that affect the ability to drive safely. Additionally, the fact he fled the scene of the accident and admitted to be drinking when confronted by the deputy strengthen these arguments, he said.

Judge Gibson said that the District Court's job in this case is to determine if there is probable cause that the defendant committed the crimes, not to prove guilt beyond a reasonable doubt. She said evidence of Mr. Bowen's high rate of speed, consumption of alcohol, and the possible consumption of drugs all prove probable cause of seconddegree murder, and that he showed a lack of care and should have known that he was at great risk of causing death or bodily harm when driving.

Mr. Bowen is lodged in the Mackinac County Jail awaiting arraignment and a trial in 11th Circuit Court. It remains to be determined whether the trial will be by jury.

Attorneys from the defense said they would likely waive Mr. Bowen's right to arraignment in the 11th Circuit Court November 19, which would mean the next steps in the process will be pretrial conferences with attorneys from both sides, any motions the attorneys wish to submit, and setting a trial date.