Staff and wire reports
Enid News and Eagle
OKLAHOMA CITY —
Oklahoma Court of Criminal Appeals has upheld the conviction of an Enid man in the death of a bicyclist.
Richard Allen House II argued a blood test showing marijuana in his system after the collision and police diagrams of the scene of the accident should not have been admitted as evidence during his trial.
The court Wednesday rejected both appeals.
House was convicted of a misdemeanor count of negligent homicide and sentenced to one year in prison for the August 2009 death of Don Riggs near Enid.
Authorities say Riggs was bicycling with friends on the shoulder of U.S. 412 on Aug. 5, 2009, when he was struck by a FedEx delivery truck driven by House. House told police at the time it was hot in the truck and he must have fallen asleep.
He admitted to police he smoked marijuana the morning of the accident, according to an affidavit filed in the case.
Several witnesses told police they saw the cyclists riding along the side of the road and the truck swerve and hit them. One woman told police she was driving in front of the truck and passed the cyclists, all of whom were riding in the area designated as the shoulder of the road.
Riggs was taken by ambulance to St. Mary’s Regional Medical Center but was unable to live without medical assistance. Riggs, who was an organ donor, was kept on life support until his organs could be harvested, according to the affidavit.