Defense attorney does not want BAC introduced as evidence in double fatality case

Defense attorney does not want BAC introduced as evidence in double fatality case

BATON ROUGE, LA (WAFB) - It was an accident that claimed two lives and sent three others to the hospital. Police say Dedrick Matthews was above the legal drinking limit and is responsible for the crash.

On Tuesday, Matthews attorney was in court arguing that his blood alcohol content, BAC, should not be allowed as evidence.

March 30, 2014, Matthews was involved in a crash around 2:45 a.m. on top of the Mississippi River Bridge that killed Johnny Galmon, 26, and Kandace Cox, 19. Three others were rushed to area hospitals.

Matthews is now facing two counts of vehicular homicide and three counts of negligent vehicular injury.

Matthews lawyer argued that officers did not get a warrant before getting a BAC from Matthews. Prosecutors argued that officers tried four times with a breathalyzer and because the tests were not proper, they had to take a BAC. They added the officers are protected by the law saying they can take a BAC without a warrant anytime there's a crash involving serious injuries.

Lt. Cory Reech with BRPD's DWI Task Force testified that the first two breathalyzer tests flashed 0.14 as the BAC, but because it did not stay up long enough to register, the tests were not proper. On the fourth attempt, Sgt. Byron Fontenot testified that Matthews burped. Sgt. Fontenot testified that he believed Matthews did that on purpose to buy himself some time. That's why prosecutors said Matthews was taken to the hospital for a BAC.

Judge Anthony Marabella will rule on the motion to suppress on May 8th.

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