FOX13 News has obtained the toxicology report on former Shelby County Election Commissioner Bill Giannini, who was involved in a fatal three-car crash on I-40 near Fayette County in late December 2012.
The toxicology tests were performed on Giannini shortly after his Jeep hit into another vehicle killing an 8-year old boy and injured two others who were returning from a Christmas shopping trip in Nashville.
The new report will likely weigh heavily on District Attorney General Amy Weirich's decision not to seek criminal charges.
READ GIANNINI'S TOXICOLIGY REPORT: http://content.foxtvmedia.com/whbq/Giannintoxicologyreport.PDF
Giannini won't be charged in deadly December 2012 crash
The Tennessee Bureau of Investigation tested Giannini's blood and urine for the presence of drugs and alcohol. The results would take seven months and one day before FOX13 News could report the findings because it was part of a criminal investigation.
For the former head of the Shelby County Republican Party, now Assistant Commissioner to the State Department of Commerce and Insurance, it was worth the wait. The crime lab in Memphis found no evidence of either drugs or alcohol in his system.
Giannini, though, did test positive for an antihistamine, often found in over-the-counter medications. The lack of liquor or illegal drugs may have been the main reason why prosecutors decided not to seek criminal charges against him.
FOX13 News legal analyst Caren Nichol said DAG Weirich has two charges to consider.
"There are two types of vehicular homicides. One involves alcohol and one doesn't," Nichol said. "So if there is no alcohol in the system that knocks that out."
The other charge that prosecutors debated was reckless vehicular homicide. Giannini told investigators that he dropped his sunglasses in his Jeep and reached down to pick up them up. He saw a Chevy Malibu in front of him was stopped. He swerved his Jeep but still rear-ended the car in front of him.
The Malibu hit a Ford F-150 pickup, a highway cable barrier, and landed on its right side, killing 8-year-old Quindarious McGhay, and injured his mother and another relative.
"Sometimes accidents happen and so does the fact that someone reached down to grab something off the floor of their car," Nichol said. "Is that reckless? Or is that an accident? That is the call that the district attorney had to make in the case. She determined that doesn't rise to the level that is out of the ordinary and reckless."
When FOX13 News contacted Giannini in his Nashville office, he didn't have a comment about the toxicology report and directed questions to his attorney. An e-mail request to Giannini's attorney was not replied.