A judge sets bond at $1 million for a west Omaha man accused of driving while on drugs and getting into a crash that killed a motorcycle rider near Harvey Oaks.
Kevin Malone is accused of driving through a red turn signal while under the influence.
The biker hit Malone’s passenger side door at 140th and Center Wednesday night.
In court Friday, testimony revealed Kevin Malone drank two beers, had taken Celexa and an unknown third prescription drug before the crash that killed Justin Hart.
Malone was on probation for his third DUI when police say he turned in front of Justin Hart’s motorcycle.
Hart died on scene.
Malone fled Wednesday and is accused of fleeing from previous DUI's, said Douglas County Attorney Don Kleine.
Keine says he’s satisfied with the million dollar bond.
"We're very pleased with that,” Kleine said. “For now he is being held under that bond and at least won't have access to a motor vehicle for now."
Kleine says it's frustrating that Malone is accused of fleeing the scene of an alleged vehicle homicide on his fourth DUI.
"It's very frustrating,” Kleine said. “You'd like to think at some point people get or understand the problem that they have and deal with that."
Attorney Bill McGinn represented Malone on previous DUI’s and says he’s going to try to show there’s no evidence to support a motor vehicle homicide charge – which could carry 50 years in prison.
"If we find there really wasn't enough to show that he was impaired, we're looking at him being guilty of failing to yield, fail to yield to a right of way and driving under suspension,” McGinn said. “That's the kinds of things we're looking at."
Claims that Malone fled previous DUI crashes are exaggerated, McGinn said.
"Those all happened close to home,” McGinn said. “When you say 'fleeing the scene,' literally one of them was across the street."
Regardless of the outcome, McGinn says Malone is remorseful.
"Yes, very much so,” McGinn said. “On behalf of the family we want to express our condolences to the family members of the other driver. Yes, he is showing a lot of remorse."
If convicted of vehicle homicide and fleeing the scene of a fatal crash, Malone could spend between one to 54 years in prison.
Here’s the GoFundMe page for victim Justin Hart.
