Defense Contends That Accused Man In Crash Was Not Driving

The defense for a man charged with being drunk in a fatal highway crash argued in court yesterday that the accused man may not have been driving when the accident occurred.  The collision on a night in April 2009 killed Lubock County Sheriff’s Deputy Cpl D. Robert Harvey. Police originally charged Justin McKinney with intoxicated manslaughter but he is now being tried only for misdemeanor DWI. With McKinney at the time of the accident was Justin Walkup, who was left a paraplegic . Walkup testified he is not sure who was driving that night. He said he had begun driving that day but by the end of the night both he and McKinney were so intoxicated he could not be positive who drove. Defense lawyers contended that there was lack of proof to conclude that the accused McKinney was driving. The prosecution says DNA from the wreck shows that McKinney was the driver.


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