Rosemary Tempel (1956-2012)

Rosemary Tempel, RN, BSN, was 56 years old was driving to work at Virginia Mason Hospital in Seattle, on July 17, 2012. Speeding and raveling in the opposite direction while under the influence of marijuana, Timothy Durden directed his jeep directly into Rosemary’s car. Durden’s car catapulted over Rosemary’s car, crushing her and breaking her neck. It then lost the two front wheels and tumbled down the busy road, resulting in an eight-car pileup.  Upon up-righting Durden’s vehicle, a Seattle police detective saw marijuana, and multiple business cards from Seattle’s Herbal Health Care Center marijuana dispensary fell from Durden’s vehicle. The state was to vote on a legalization ballot in the fall, but the toxicology report was not made public until November, after the vote..  

Durden volunteered to have his blood drawn 3 hours and 13 minutes after the incident.  It was found to have 3.2 ng/ml THC (a psychoactive component of marijuana).  During a pretrial hearing on October 28, 2013, Judge Monica Benton threw out the marijuana blood evidence and thus the vehicular homicide (DUI) charge, stating she did not believe the Seattle Police Department Drug Recognition Expert’s (DRE) testimony.  In addition, she also suppressed evidence of Durden’s two previous DUI charges.  Judge Benton had previous experience with Durden.  She had earlier permitted Durden to continue his use of marijuana while on probation for domestic violence.

On December 13, 2013, Timothy Durden was sentenced to four and a half years, following a jury conviction of vehicular homicide plus vehicular assault. He was released from jail within three years.