Man in pot DUI that killed motorcyclist free, for now

by: Maria Guerrero Updated:

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SEATTLE - The Bellevue man accused of driving high on marijuana and killing a motorcyclist will be allowed out of jail, for now.

 But before that happened, Caleb Floyd had to hear from the victim's mother.

 Floyd no longer has a $100,000 bail. It was vacated Thursday morning.

Floyd is accused of smoking marijuana and getting behind the wheel, crashing into motorcyclist Blake Gaston near Bellevue Square on Oct. 4, 2013.

Police said that more than three hours after the crash, Floyd’s blood contained almost double the legal limit of marijuana for DUI.

In King County Court on Thursday morning, Floyd pleaded not guilty to vehicular homicide.

Mary Gaston sat in the courtroom surrounded by family and friends.  She was then allowed to speak and explained how she lost her son.

 "I had dinner with Blake and I just left his side and I heard him get hit by Mr. Floyd,” she told Judge Ronald Kessler. “I watched him die in the intersection. I don't want any other mother to have to go through what I went through because of the choices that Mr. Floyd made."

 In turn, Kessler scolded the state for the delay in the case and not even having Floyd’s driving record ready for court.

 "I guess my question is if he's so dangerous and so likely to flee where has the prosecutor been in the last three weeks," questioned Kessler.

 The state argued it took time to get toxicology results back.

 But because of the delay and Floyd’s lack of criminal history, Kessler is allowing Floyd to be released under his own recognizance.

 Gaston’s family, including his longtime girlfriend, could no longer take it and left the courtroom in tears.

 Floyd lives in Bellevue with his girlfriend who is eight months pregnant, said his defense attorney in court.

 Floyd faces up to eight years in prison.

 He will be allowed free but cannot drive and is subject to drug and alcohol tests.