KEWEENAW COUNTY -- It was yet another delay in the case against the Calumet man accused of a fatal drunk driving crash last November.
David Simons is charged with failing to stop at the scene of an accident and operating a vehicle while intoxicated. Simons allegedly lost control of his vehicle and hit a tree, killing his 53-year-old passenger, Jeffery Brusso.
Simons' attorney filed a motion against the judge saying his statements towards Simons during his preliminary hearing showed bias, and the judge should be disqualified from the case. The judge stated Simons' bond would not be reduced because he's a danger to society.
The judge also said he spoke with his brother, who is an attorney who previously represented Simons, saying it was only a matter of time before Simons would be in court again.
"The fact that I find Mr. Simons dangerous to the community, which I do, and continue to find Mr. Simons dangerous to the community, is based on his past criminal record and his repeated pattern of violating the criminal laws of the State of Michigan in regards to drinking and driving," said Judge Mark Wisti.
The judge denied the motion, and Simons preliminary hearing is scheduled for August 23.
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