A Lancaster County jury was asked to decide whether a Lincoln man was guilty of manslaughter for a crash along Nebraska 2 in 2020 that killed a 23-year-old motorcyclist.
But it wasn't a simple case.
At trial, the state accused Patrick Tvrdy of being under the influence of cannabis — a THC paste he'd admittedly used nearly 24 hours earlier — when he turned across the westbound lanes to get to Pioneers Boulevard near the 33rd Street intersection and collided with Brady Sweetser.
Sweetser, 23, died at the scene.
While no one knows exactly how fast Sweetser was going, by all accounts he was speeding, Deputy Lancaster County Attorney Erica Pruess said in closing arguments.Â
Witnesses estimated he was going about 70 mph as he passed them shortly before the crash at 9:30 p.m. July 30, 2020.
A man who lives in the area said he heard the sound of a motorcycle full-throttle before a "really loud thud."
But, Pruess said in closing arguments Friday, Sweetser's speed is only a defense if it was the exclusive reason for the crash.
She argued Tvrdy ultimately caused Sweetser's death because he should have seen him coming and been able to prevent the crash.
"We are not here because Mr. Tvrdy used THC products or smoked marijuana. We are here because he did that and then he chose to get behind the wheel and drive while impaired," she said.
The night of the crash, Tvrdy, now 40, admitted he had used a THC paste on the roof of his mouth to alleviate sinus pressure the previous day, but he denied smoking marijuana closer to the time of the crash.
And police didn't find anything in his Dodge Charger to suggest it, though an officer at the scene said he sensed the slight smell of burnt marijuana on Tvrdy.
After specialized testing, a Lincoln officer who is a drug recognition expert formed the opinion Tvrdy had been under the influence of cannabis, which altered his perception, at the time of the crash.
Pruess said if Tvrdy saw the motorcycle at all, he was not able to perceive how far away it was.
"This was his choice, to break the law, to drive under the influence. And it was a choice that cost Brady Sweetser his life," she said.Â
Tvrdy's attorney, Tim Noerrlinger, called it a tragic event and a terrible accident.
But he said to find Tvrdy guilty the state had to prove he had ingested an amount sufficient to impair to any appreciable degree the driver's ability to operate a vehicle in a prudent and cautious manner.
"So not just some, an amount sufficient, meaning there's a tipping point," Noerrlinger said.
He argued there could be other reasons for Tvrdy to show signs suggesting impairment. He had been shaken up by the crash and just learned Sweetser died. He was emotional and under stress.
Noerrlinger suggested the whole opinion was confirmation bias on behalf of police.
"There's an odor. Someone's dead. Marijuana caused it," he said.
But he said accidents happen.
"You can be distracted for a number of reasons. You can miss things. You don't have to be impaired. The state has to show by proof beyond a reasonable doubt that he was," Noerrlinger said.
The jury got the case shortly before 10 a.m. Friday and returned a guilty verdict at 5 p.m. Tvrdy could face up to 20 years in prison at sentencing.