BELOIT, Wis. (AP) — Prosecutors say a motorist who struck and killed a bicyclist in Beloit won’t be charged in the man’s death but will be prosecuted for drunken driving.
The Rock County District Attorney’s Office says that’s because investigators determined the bicycle had no lights, the cyclist was wearing dark clothing on a rainy night, and that the biker was also intoxicated.
The release says 29-year-old Brett Hundley, of Clinton, had a blood-alcohol concentration of 0.106 when he struck 43-year-old Mario Esquivel-Florez, of Beloit, on Aug. 29. That’s above the legal limit of 0.08 percent. But Esquivel-Florez had a higher blood-alcohol level of 0.195 percent, and tests indicated he had recently used cocaine.
District Attorney David O’Leary concluded that Esquivel-Florez would have been killed even if Hundley had not been driving drunk.