CLEVELAND, Ohio — An eighty four-yr-previous man accused of hanging and killing a Cleveland bicyclist is now dealing with a lesser cost, probably as a result of he was much less impaired on the time of the crash than investigators first believed, his lawyer says.
Jesse Parker, 36, died within the crash that occurred Aug. eight at Clifton Boulevard and Lake Avenue on the town’s West Aspect.
James Callahan Jr., of Lyndhurst, was arrested that day and charged with aggravated vehicular murder, a 3rd-diploma felony, courtroom data present.
A decide dropped that case Sept. 22 on the prosecutors’ request, data present.
A spokesman for the Cuyahoga County prosecutor’s workplace didn’t reply to inquiries about why it was dropped, however Callahan’s lawyer, Kevin Spellacy, factors to a blood check Callahan underwent after the crash.
Spellacy informed cleveland.com that Callahan’s check outcomes lately concluded that he had a really small quantity of alcohol in his blood, properly beneath the authorized restrict of .08 %.
“I (was advised) it was .01 or .02 at greatest…I think that is why they declined prosecution,” Spellacy stated.
Instead of the felony cost, a summons for second-diploma misdemeanor vehicular murder was issued Thursday in Cleveland Municipal Courtroom, data present. It carries a most potential jail sentence of ninety days, in response to Ohio regulation.
Callahan is due again in courtroom Oct. 26 for an arraignment listening to on the brand new cost.
Parker was driving his bike southwest and towards visitors on Clifton Boulevard at about 7:30 p.m. Aug. eight. He went by means of a inexperienced mild on the intersection of Lake Avenue, courtroom data say.
Callahan was driving his 1998 Toyota Corolla westbound on Lake Avenue on the time. He drove by way of the pink mild and struck Parker, in line with courtroom data.
The impression despatched Parker onto the Corolla’s hood and windshield earlier than knocking him to the bottom, data say.
Callahan stored driving, ran over Parker and dragged him a number of ft earlier than stopping, data say. The Corolla got here to a relaxation on prime of Parker, prompting a number of different drivers to raise the automotive off of him, based on a police report.
Callahan informed police that he had a inexperienced mild and was making an attempt to show left onto Lake Avenue when Parker stopped in entrance of his automotive, the report says.
He additionally informed officers that he had a number of drinks at Don’s Lighthouse Grille on Lake Avenue previous to the crash, the report says. Callahan failed subject sobriety checks and later underwent the…