Cheyenne Man’s BAC Was Nearly 4X the Legal Limit in Fatal Motorcycle Crash

The suspected DUI driver accused of hitting and killing a motorcyclist in east Cheyenne a little more than two weeks ago has been bound over to Laramie County District Court.

RELATED: Driver Arrested in Suspected DUI Crash That Killed Cheyenne Motorcyclist

Laramie County Circuit Court Judge Antoinette Williams on Thursday, Oct. 30, found probable cause to bind 29-year-old Oliver Curtis Birt over on a single count of aggravated vehicular homicide - DUI.

Birt's preliminary hearing was originally scheduled for Thursday, Oct. 23, but there was a motion to continue filed and granted.

The Crash

According to police, Birt was driving a pickup southwest on East Lincolnway around 4:25 p.m. on Wednesday, Oct. 15, when he attempted to make a left-hand turn onto Western Way and collided with an oncoming motorcycle being ridden by 69-year-old Jim Watters.

Watters, who was not wearing a helmet, sustained life-threatening injuries at the scene and was later pronounced deceased at Cheyenne Regional Medical Center.

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.30 BAC

"The initial PBT was a .30 and a .26, which is pretty substantial," said Williams. "The court is going to order alcohol testing through Foundations, that will be three times per week, or the SCRAM monitor."

Birt's attorney asked that the court maybe set Birt's bond, which was originally set at $250,000 cash, at $100,000 cash or surety, saying, "It's terrible someone died, but on some level there's some other things going on here with the sort of limited visibility, the potential bad driving of the other driver, things of that nature."

RELATED: $250K Cash Bond Set for Cheyenne Man Charged in Fatal Motorcycle Crash

"The things going on were that Mr. Birt was driving with a .30 blood alcohol concentration," the state fired back. "This presents a clear danger to the community."

"In addition to ensuring Mr. Birt's compliance with court orders and appearing in court, the bond serves as an insurance that members of Laramie County are safe in public from Mr. Birt, and I think that this $250,000 cash bond is required," the state added. "A man is dead and that could have been prevented."

Bond Modified

"Exactly as the state said, a man is dead," said Williams. "The strength of the state's case is seriously lacking and that is one of the requirements for the court to consider as it relates to bond, so the court will modify the bond to $250,000 cash or surety."

If convicted, Birt could face up to 20 years in prison, up to a $10,000 fine, or both.

Please remember that all defendants are presumed innocent until proven guilty.