A former Eufaula City Councilor Dan Kirby who’s been indicted in federal court for involuntary manslaughter.
Kirby’s attorneys have asked the judge permission to tell the jury, the victim in this case also had intoxicants in her system and the judge agreed.
On July 23rd, 2022, Kirby and his girlfriend, Sheryl Bischel, were leaving the Fountainhead Marina Bar on his motorcycle and he was driving, when he missed a corner, went off the road and crashed and Bischel was thrown off and killed.
Documents in the case say Kirby had the following intoxicants in his system:
alcohol, THC, amphetamine, tramadol (pain killer), citalopram (anti-depressant), trazodone (anti-depressant) and oxycodone (pain killer.)
Documents show Bischel had alcohol, amphetamines, Benzodiazepines and cannabinoids in her system.
Kirby’s attorneys argue, it is relevant because it could show her intoxication may have contributed to her death by contributing to her refusal to wear a helmet.
They argue, had she been wearing a helmet, she likely would’ve lived, so that’s what caused her death, not Kirby.
Federal prosecutors argued against letting in the information, saying it was irrelevant and misleading to a jury.
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