Posted in Uncategorized on November 28, 2012
The State filed charges Wednesday against a Tulsa man for leaving the scene of a fatality collision and negligent homicide with a motor. Joe Neal Briscoe is accused of fleeing the scene after hitting a 71-year-old bicyclist with his car on the night of October 10. The impact killed Earl Teske who was struck while riding his bicycle on 101st Street, between 193rd East Avenue and Lynn Lane in Broken Arrow, Oklahoma. Briscoe turned himself in a couple of days later.
Briscoe reportedly told police that his 4 year old daughter was with him at the time, and that he may have been distracted. According to reports, Briscoe had been drinking earlier in the evening at the Hard Rock Casino.
If Briscoe was intoxicated at the time of the impact, his decision to flee the scene will likely prevent the State from establishing that Briscoe was impaired, which could have resulted in a more severe criminal penalty. It may also frustrate Teske’s Estate from pursing dramshop liability against the casino for over-serving Briscoe.
The State could bolster its case with video from the casino and with testimony from the daughter who, even at four years old, is competent to testify at trial.
More coverage here: Tulsa Man Charged For Hitting, Killing 71-Year-Old Bicyclist