MUSKEGON COUNTY, Mich. — Cody Loomis, 25, was arraigned in March on four felony counts: two for drunk driving causing death and two for driving without a license causing death.

Loomis is believed to be the driver of a truck that crossed the centerline and crashed nearly head on into a Ford Edge on Maple Island Road Saturday, March 9, around 1:15 a.m.

The SUV's driver Melissa Nash, 37, and her fiancé, Justin Ducham, 39, both died at the scene.

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Loomis has two prior drunk driving arrests in 2014 and 2017. Court records also show he was also previously arrested for having an open intoxicant in a motor vehicle.

A preliminary examination on the four felony counts scheduled for March 13 was adjourned until June 3. 

Muskegon County District Court Judge Raymond Kostrzewa is being asked to decide two motions prior to the preliminary examination.

One motion by Muskegon County Prosecutor D.J. Hilson seeks to use the circumstances of Loomis' prior drunk driving cases in this new case.

The convictions and elements of the crimes could be used to convince the judge Loomis knew his actions in this case created a very high risk of death.

Hilson informed the court he's evaluating the possibility of adding two second-degree murder charges.

Kostrzewa is also being asked to rule on a second motion from the prosecutor's office that would prevent Nash and Ducham's blood alcohol content from being used during the preliminary examination. 

The judge did take testimony from three witnesses.

A Michigan State Police crash investigator testified Monday that neither vehicle had pre-impact braking.

When MSP Sgt. Brandon Davis was asked if he was 100 percent certain that the Ford Edge driven by Nash stayed within its lane of travel he replied, "Yes, 100 percent."

An EMT testified that while caring for Loomis in an ambulance he admitted to drinking several beers and told the EMT that he fell asleep while driving.

The judge will decide both motions on June 3 the same day the preliminary exam will be held.

Loomis is being held in the Muskegon County jail on a $500,000 bond.

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