MAYVILLE – The trial involving a former Lakewood man accused of driving under the influence of marijuana and causing a multi-vehicle accident that took the life of a young girl last year will not wrap up until next month.

Friday afternoon, Chautauqua County District Attorney Jason Schmidt requested – and was granted – a continuance in the case against Nicholas Mineweaser, due to new evidence brought by the defense. Mineweaser, 26, has been charged with second-degree vehicular manslaughter and driving while ability impaired by drugs. On Feb. 24, 2020, Mineweaser rear ended a vehicle on Route 60 in the town of Pomfret, driven by Shanna Wilcox of Cassadaga, which caused that vehicle to be struck by a tractor trailer. Her 7-year-old daughter Emmaline perished in the accident.

The non-jury trial began Nov. 1 and last met on Monday. On that day, Officer Randal Pike from the Fredonia Police Department took the stand. Pike is a drug recognition expert, and in court part of his body cam footage was played, showing Mineweaser doing a number of physical sobriety tests, which he appeared to fail.

On Monday, Mineweaser’s attorney Michael Dwan had argued that his client was unable to do some of the tests, due to back pain from the crash.

On Friday, Dwan was back in court with new documents showing his client was a passenger in an automobile accident in October 2016, which caused a herniated disc. Mineweaser received treatment for the accident for three years. He said this injury may have impacted his client’s ability to take the sobriety tests.

Schmidt objected to allowing the evidence of Mineweaser’s 2016 injuries in the trial. “This issue should have been brought up and explored a long time ago,” he said Friday.

But Dwan said he was unaware of his client’s former accident. He introduced it Friday, saying it was relevant because Pike had alleged Dwan had “faked his injury” which caused him to fail parts of the field sobriety tests.

Judge Paul Wojtaszek reserved judgment on admitting the evidence, but eventually did so after lunch.

Before lunch on Friday, more of Pike’s body cam footage was played for the court. The Wilcox family members who were in court were seated in the jury box, along with Mineweaser’s mother, to view what was recorded. At one point Wilcox family members could be heard weeping.

Pike shared how Mineweaser was asked to place the tip of his index finger on his nose, but instead placed the pad of his finger, failing at least three out of six tries.

Because of this test and the tests that were shown Monday in court, the officer said he believed Mineweaser’s ability was impaired through drugs. “Based on the tests I performed … he was unable to drive a vehicle (legally),” Pike said.

Dwan asked Pike that if a person has a herniated disc, would that individual have difficulty standing on one leg, which the officer said he would.

Another segment of the tests performed, which was not shown in court, is for someone to estimate how long 30 seconds is, which Pike said Mineweaser passed. Dwan argued this shows that his client was not mentally impaired.

He further asked if stress could negatively impact someone taking field sobriety tests, which the officer said was possible.

After Pike’s testimony, the prosecution rested its case.

The defense brought Mineweaser’s mother, Mindy Gruver, to the stand.

Gruver discussed the 2016 accident that her son was involved in, saying that he was getting physical therapy, but that ended in 2019 after their insurance ran out.

Gruver, who lives in Erie County, N.Y., said Mineweaser uses marijuana one to two times a day. She said at one point he was receiving medical marijuana, however insurance issues caused him to stop getting it.

Gruver said her son suffers from pain, anxiety, and post-traumatic stress disorder. The PTSD, she said, started when her son was 14 and discovered Gruver’s husband’s body after he committed suicide.

Gruver said she will occasionally smoke marijuana with her son, either in the morning or late at night. “It’s not his habit to smoke in the middle of the day,” she said.

During cross examination, Schmidt asked where Mineweaser was living in February 2020. Gruver said he was staying at a Lakewood apartment. Schmidt asked her if it’s possible her son was smoking marijuana more often than she knew. She admitted that she was not always aware of the times he used the drug.

While in Lakewood, Gruver said her son was not allowed to smoke marijuana in his apartment, so he would regularly smoke in his car in a parking lot.

The day of the fatal crash, Mineweaser was headed to his mother’s residence to do laundry. After he was arrested and his license was suspended, Mineweaser moved back in with Gruver. He recently got a job at Tesla as a janitor.

Schmidt noted how Mineweaser is doing a job which requires physical activity, which Gruver agreed. He also noted that before Mineweaser’s latest job, he worked in retail in Lakewood, another job that required physical activity.

After Gruver spoke, Schmidt said proper notice of Mineweaser having a herniated disc and using medical marijuana wasn’t disclosed prior to trial. “We’re at a disadvantaged position,” he said.

Because of this new information, Schmidt asked for a continuance of the trial, which the judge and the defense agreed to.

Schmidt has an unrelated trial that is scheduled to begin on Monday. Because of that case, plus with Thanksgiving, the judge and the two attorneys agreed to resume trial Dec. 2. That will give Schmidt enough time to examine the newly admitted evidence and decide how he wants to handle it.

The defense is not expected to have any additional witnesses. It is possible the two parties will give closing arguments that day.

Because this is a bench trial, Wojtaszek will decide Mineweaser’s fate. The judge did not say if he will issue a ruling that day or will delay his decision.