The family of a Memphis man killed in a car crash involving a driver accused of being under the influence of marijuana is upset the defendant is not only free from jail but was recently given additional freedoms.
Daniel L. Tobey, 45, of Capac, is charged with operating under the influence of drugs or alcohol causing death and reckless driving causing death for the September 2016 crash on M-53 in Shelby Township that killed Scott Bajorek, 37, of Memphis. The charges carry a maximum penalty of 15 years in prison.
Tobey, who is free in lieu of a $50,000 bond while awaiting trial, was granted the ability to attend a funeral and go to church on Sundays by Judge Edward Servitto of Macomb County Circuit Court.
Servitto rejected a request by Tobey’s attorney, Goran Antovski, to remove Tobey’s tether, which restricts him to his property.
Ronald Bajorek, uncle of the victim and attorney for his estate, said Tobey should remain behind bars for a long time because he does not believe his claims for the cause of the crash and