A man who is accused of being high on marijuana when he struck and killed a motorcyclist in Bellevue last year is back in jail after twice being rushed to the hospital after using illegal drugs while in a community-based alternative program, court records show.
Caleb Floyd, 34, of Bellevue, is to stand trial for vehicular homicide in September in the Oct. 4 death of 23-year-old Blake Gaston, who according to charging papers was killed when Floyd failed to yield and made a left-hand turn in front of him.
After he was charged in December, Floyd was released from jail and ordered not to drive or use drugs or alcohol as conditions of his placement with the Community Center for Alternative Programs (CCAP). Since then, he has violated terms of his release three different times, including twice by using drugs during his lunch break, court records show.
Floyd remains in the King County Jail in lieu of $250,000 bail after his arrest June 12 on a bench warrant after his most recent violation, his second jail booking since April for violating his release conditions to CCAP, a day-reporting program that is run by the King County Department for Adult and Juvenile Detention, according to jail and court records.
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The bench warrant was issued at the request of Senior Deputy Prosecutor Amy Freedheim, who wrote in a motion earlier this month that Floyd was released on personal recognizance to enhanced CCAP over the state’s objection “and his behavior has since increased the State’s concern that he is a grave danger to the community and unable to control his illicit drug use.”
According to Freedheim’s motion and other court records, Floyd was first placed into enhanced CCAP, a more stringent program, on Jan. 2.
Under the enhanced program, participants are allowed to remain out of custody provided they adhere to a weekly itinerary, participate in structured programs, attend classes and follow treatment recommendations and other court-ordered conditions of release, said Capt. Troy Bacon, of the King County Department of Adult and Juvenile Detention. Random drug and alcohol tests are also conducted, he said.
Some offenders are ordered into CCAP or enhanced CCAP while awaiting trial while others serve jail sentences in the program; judges decide who is eligible and issue bench warrants if someone violates any of the program’s conditions, Bacon said.
The program is meant to help offenders change behaviors that contributed to being charged with a crime.
Floyd’s first violation came March 10 when he was involved in an argument with another CCAP participant but a bench warrant wasn’t issued for his arrest until April 17, court records show.
Bacon said the courts are typically notified within 24 hours of a violation, but without researching Floyd’s case he couldn’t say why there may have been a delay.
After Floyd spent a week in jail, a different judge reinstated Floyd into the enhanced CCAP program on April 28 under conditions that included no use of drugs or alcohol, court records show.
But on March 12, two days after the fight in the classroom, Floyd was transported to a hospital, apparently high on drugs, according to the violation notice attached to Freedheim’s June motion. He was “incoherent and disoriented” and admitted to using “sherm” while on his lunch break between CCAP classes, it says.
Sherm is typically a marijuana joint dipped in PCP, or phencyclidine, an illicit drug known to cause hallucinations and mania.
It does not appear from court records that Floyd was arrested in connection with the alleged sherm incident in March.
But on May 30, he returned from lunch and was acting oddly — “singing, rapping and dancing and babbling incoherently” — before falling to the ground, vomiting and having a seizure, says the violation notice.
He was again taken to the hospital and other CCAP participants reported that Floyd “purchased drugs from another CCAP participant while on his lunch, and ingested the drugs outside the facility,” the notice says.
According to the charging documents outlining the vehicular-homicide charge against him, Floyd was driving east on Northeast 10th Street in Bellevue on Oct. 4 when he attempted to make a left turn onto 102nd Avenue Northeast, just as Gaston was riding west through the intersection on his 2005 KTM 450 motorcycle.
When Floyd failed to yield the right of way, Gaston brought his motorcycle down on his right side and skidded into the side of Floyd’s 1997 Acura CL, according to the charges.
Gaston suffered catastrophic injuries and was pronounced dead at a Bellevue hospital.
Floyd “appeared spacey” to both witnesses and investigating officers at the scene, and police say he told officers he had smoked marijuana two hours earlier, according to the charges.
More than three hours after the fatal incident, Floyd’s blood contained 9.8 nanograms of THC per milliliter of blood, nearly double the legal limit of 5 nanograms per milliliter, charging papers say.
Information from Seattle Times archives is included in this report.
Sara Jean Green: 206-515-5654 or email@example.com