NORWICH – A man accused of being behind the wheel during a fatal drunk driving incident in Smithville was remanded back to jail on $150,000 cash bail after court officials reported for a second time Wednesday he tested positive for drugs.

Police arrested Ethan J. David, 22, of Greene, on May 30th after he allegedly allowed 20-year-old Philip J. Stacy of Greene to ride the back bumper of the Chevy Suburban he was driving while both men were allegedly intoxicated. Stacey fell from the vehicle and to his death during the incident which took place at around 3:30 a.m. on a hill along Round Pond Road in the Town of Smithville.

The New York State Police also reported that David’s license was under suspension at the time of the incident for a pending DWI case outside of Chenango County.

David was charged with criminally negligent homicide, first degree aggravated unlicensed operation of a motor vehicle – both Class E felonies – and misdemeanor driving while intoxicated.

He was remanded to the Chenango County Correctional Facility in lieu of $5,000 cash bail but later posted the amount and was released. While on bail, David was ordered to not use drugs or alcohol and was tested regularly by Drug Treatment Court Coordinator James Everard.

Everard reported Wednesday that for a second time since his release David tested positive for marijuana. He also noted that the amount detected in his blood stream was increasing in concentration indicating a continued use of the drug.

“Your Honor, he tested positive again about a month later. He had a period of time where he tested okay, tested negative. And then he tested positive again. He denied using anything so we bottled the sample up and sent it to the lab and it came back positive,” he told the court.

District Attorney Joseph McBride asked for Chenango County Court Judge W. Howard Sullivan to put David behind bars.