A 42-year-old Halstead man charged with involuntary manslaughter, a result of a fatality accident back on February 10, of 2011 was bound over for trial Monday. Troy Mietler was also bound over for charges of aggravated battery and DUI as a result of the same accident.
He apparently crossed the center line with his vehicle and struck the vehicle driven by 49-year-old Brian Bush head-on. Bush was killed instantly. 50-year-old Annette Bush who was a passenger was badly injured and taken to a Wichita hospital where she later died, but apparently not as a result of the accident. The accident occurring on U-S 50 at Salem Road, 3-miles west of Abbyville.
The defense doesn’t deny that the accident occurred, but argued that the state failed to present probable cause that because of marijuana and methamphetamine being the defendant’s system made him impaired to point of causing the accident. Greg Bell pointed out that both drugs will stay in ones system for a longer period of time then alcohol and the test by the KBI showed a minimal amount of the two drugs in his clients system.
Meitler had no indications of any alcohol use and bell argued its possible that his client may have simply fallen asleep.
The state argues that weather wasn’t a factor and it was straight section of road at 50-highway and Salem Road with no obstructions to keep the defendant to see on-coming traffic.
Mietler remains free on 60-thousand dollar cash bond and will be arraigned on the charges on June 3, in front of Judge Tim Chambers.