The case of a Holden man accused of driving drunk and hitting a pedestrian in Brewer is in the hands of a jury after closing statements concluded Wednesday afternoon.
David Mackenzie, 52, allegedly drank 12 Michelob Ultra beers, at 22 ounces each, in about six hours at High Tide Restaurant and Bar on July 15, 2023. He then drove home, hitting then-87-year-old Ira Williams of Brewer, on Eastern Avenue around 8:39 p.m. The crash left Williams with what police called serious injuries.
Mackenzie is charged with four felonies: aggravated operating under the influence, aggravated assault, leaving the scene of an accident causing serious bodily injury or death and operating under the influence in Penobscot County Superior Court.
The OUI trial started Monday, with a jury hearing from numerous witnesses during three days.
The prosecutor said during closing statements Wednesday that the jury should decide Mackenzie was impaired because it’s “common sense” after someone drinks 12, 22-ounce beers.
“We know that the defendant had a lot to drink,” Penobscot County Deputy District Attorney Mark Rucci said.
Defense attorney Hunter Tzovarras pointed out that a bartender testified that the beer is basically like water. Michelob Ultra is a light beer with 4.2 percent alcohol by volume. Mackenzie also ate food while at the bar.
The jury has to believe beyond a reasonable doubt that Mackenzie is guilty of each of the four charges to ensure they do not convict someone who may not have committed the crime, Tzovarras said.
While Williams maybe shouldn’t have been in the road at dusk while wearing dark clothing, the crash was caused by Mackenzie’s actions, Rucci said.
“This would not have happened but for the defendant’s intoxication,” he said.
Maine law does not prohibit drinking alcohol and driving; it only prohibits driving while impaired, Tzovarras said. Out of four witnesses, none said Mackenzie appeared impaired and he does not walk like he is impaired in video footage, Tzovarras said.
The witnesses all agreed that the area where the crash happened had poor lighting and Mackenzie never saw Williams, Tzovarras said. Mackenzie did not intentionally or knowingly hit Williams, which is what must be proved for the aggravated assault charge, Tzovarras said.
After the crash happened, Mackenzie stopped for about 60 seconds, Tzovarras said. He said the jury must decide if Mackenzie knew he hit a person before he left the scene of the crash.
Mackenzie then drove away at a regular speed, another action of someone who was not intentionally fleeing, Tzovarras said.
If Mackenzie got out of his vehicle and looked around, then there’s no way he could have missed that he hit Williams, Rucci said. He said the jury should consider how impaired Mackenzie likely was, since he did drive home after hitting a person.
The 12-person jury started deliberations late Wednesday afternoon.
