Blood tests revealed that a driver accused of running over and killing an 87-year-old woman on a Temecula sidewalk last year had no alcohol in his system, a toxicologist testified Friday.

However, the tests showed that Harry Shane Scholes, 56, of Temecula had about a half-dozen types of potentially intoxicating prescription drugs in his system when the incident occurred, expert witness Ola Bawardi said.

Although the other drugs were found in small amounts, hydrocodone ---- a powerful painkiller that is the generic equivalent of Vicodin ---- was present in Scholes' blood at about five times the amount considered appropriate for therapeutic use, Bawardi testified.

"That is a level above the therapeutic level and would be considered an abuse level," said Bawardi, the first witness called during a preliminary hearing at the Southwest Justice Center in French Valley.

The purpose of the hearing before Judge Angel Bermudez was to determine whether Scholes should be tried on charges of second-degree murder and gross vehicular manslaughter while driving intoxicated.

After hearing from four witnesses called by Riverside County Deputy District Attorney David Tahan and verifying that Scholes previously was convicted four times for driving under the influence, Bermudez ruled that Scholes should be tried on all counts.

"I find there is sufficient cause to believe the defendant committed these acts," Bermudez said.

Scholes faces a maximum of 15 years to life in prison if convicted of all the charges, Tahan said after the hearing.

"Hopefully, he never sees the street again and never hurts anybody," the prosecutor said.

One of the witnesses Tahan called to the stand was at the scene on the morning of July 18 when Schole's white pickup jumped a curb along Via Cordova in Redhawk and ran into Charlotte Boyce, who was walking her dog, Lucy. Boyce and the dog were killed by the impact.

The witness, Gary Georgi, said he had been standing under a shade tree having a conversation with Boyce.

"We were discussing that her dog was very old and didn't want to go for a walk," Georgi said.

Then, Georgi said, he saw a white pickup on the sidewalk coming toward him. He managed to lunge away from the truck and saw it barreling toward Boyce.

"She was hit in the back and launched up on the sidewalk," Georgi said.

When the truck stopped, Georgi said, the defendant got out, but the vehicle kept rolling, prompting Georgi to yell at the man to go back to his truck and set the brake. After doing that, the man returned to where Boyce lay, Georgi said.

"The individual came and looked over Char and said, 'I don't have a driver's license,'" Georgi testified.

Scholes' defense attorney, Sharon Cosgrove, asked if Georgi had told investigating officers what he had heard Scholes say, but the witness said he didn't remember.

In response to questioning by Cosgrove, Georgi said he knew who Scholes was because the man lived a couple of blocks away. He admitted that he didn't like Scholes' family.

When asked by Tahan, however, Georgi said he testified truthfully about what happened.

Former Riverside County sheriff's Deputy Jerome Joyner, who is now retired, testified that he went to the scene to investigate.

He said Scholes, who identified himself to the officer, appeared intoxicated based on his red, watery eyes, uncoordinated movements and slow responses.

A search of Scholes' home turned up numerous prescriptions for hydrocodone and other drugs, all coming with warnings of the side effects and cautions against driving after taking the medications, Joyner said.

Joyner testified that Scholes initially denied having taken prescription medication that day, but eventually said that he had done so earlier that morning.

"He said he was taking medication for a major depressive disorder," Joyner said.


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