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Testimony Continues for DUI and Child Endangerment Case

By Chelsea KAY, @ChelseaKayTv
Published On: Sep 20 2012 08:13:19 PM CDT
Updated On: Sep 20 2012 08:14:01 PM CDT
REDDING, Calif. -

The second day of testimonies started Thursday morning for a Palo Cedro man charged with causing a crash in which his two young daughters were seriously injured.

29-year-old Nicolaas Myrtle was arrested in March when he crashed his vehicle on Gas Point Road in Cottonwood.

Investigators say Myrtle was under the influence of prescription drugs and medical marijuana.

One of his daughters is now paralyzed from the waist down and the other was badly injured in the accident.

The California Highway Patrol Officer that responded to the crash took the stand for a cross examination by Myrtle's attorney, Adam Ryan.

The officer is a Drug Recognition Expert (DRE). Ryan pointed out that when he tested Myrtle for a DUI, he did not perform each of the 12 DRE steps that are generally used when evaluating someone for a DUI.

The officer also testified that he did not perform those tests until hours after the crash because Myrtle was being treated at the hospital.

Deputy District Attorney Toby Powell argued that the officer had done enough of the tests to determine that it was in fact a DUI crash.

The officer testified that while Myrtle was initially interviewed, he attributed 40% of the crash to the prescription medications he was on including: xanax, methadone and medical marijuana.

Myrtle's doctor testified that although he didn't know his patient was using medical marijuana, he did not believe the combination would've had a "tremendous effect on him."

As for Myrtle's daughters, their mom, Amanda Pevehouse said they are doing great.

Alexis started kindergarten and Ashlynn is now in preschool. She said the girls still see their dad twice a week for a few hours.

Myrtle is being charged with DUI resulting in injury and two counts of child endangerment.

Further testimonies will continue on Tuesday morning.