A 42-year-old Halstead man charged with involuntary manslaughter, a result of a fatality accident back on February 10, 2011 is expected back in court Thursday over whether the blood taken from the Troy Meitler the night of the crash. Mietler faces trial on 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.
Defense Attorney Greg Bell wants Judge Trish Rose to suppress the evidence that his client was under the influence of marijuana and methamphetamine and made him impaired to point of causing the accident. Bell pointed out during the preliminary 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 in his system and Bell argued that its possible that his client may have simply fallen asleep. He want the results of the blood test suppressed saying they had no warrant or probable cause.
The defense also filed a motion of Liminee where they want any information about the death of Anne Bush kept out of the trial saying since the state hasn’t charged him with her death, any information about her death would be inadmissible and could prejudice Meitler.
Those items will be taken up prior to any jury trial.