Berkshire DA: No Way to Prove Hit-and-Run Suspect Was Intoxicated Night of Deadly Crash

Berkshire County District Attorney Tim Shugrue revealed new details Friday about the arrest of 65 year-old William Gross of Hancock, the man charged in connection with the February 10th hit-and-run that killed 69-year-old William Colbert.

One of the most striking revelations: investigators have no way to prove whether Gross was under the influence the night of the fatal crash - and his own actions after the fact made sure of it.

According to DA Shugrue, when police arrived at Gross's home to speak with him, he was initially coherent and responsive. But Gross told officers that when he saw them coming to his door, he took approximately 20 pills of the anti-anxiety medication Xanax.

"He said he took the pills just before the police officers got to his door," Shugrue said. "He saw them out the window and indicated that he couldn't handle this and that he didn't want to go to jail."

Shugrue noted that while Gross appeared fine at the start of the conversation, the effects of the drug became noticeable over the course of more than an hour of questioning. As a precaution, Gross was transported to Berkshire Medical Center.

As for whether a toxicology report could shed light on whether Gross was impaired the night Colbert was killed, the DA was direct: the answer is no.

"Even if we did the toxicology report now, it would be tainted by the fact that he consumed the Xanax," Shugrue said.

Gross's self-reported ingestion of the medication, apparently taken as police stood outside his door, has effectively eliminated one potential avenue of evidence in the case.

William Gross, 65, was arraigned in Central Berkshire District Court on Wednesday for negligent motor vehicle homicide and leaving the scene. He was arrested Monday after police investigators narrowed down the type of car seen on video at the accident scene.

He is being held on $250,000 bail.