Charges filed following accident that killed sheriff's deputy - KCBD NewsChannel 11 Lubbock

LUBBOCK, TX (KCBD) - Flags flew at half-staff as local law enforcement mourns and remembers 29-year-old Corporal D. Robert Harvey, the Lubbock County sheriff's deputy killed early Sunday morning.

Around 5 p.m. Monday, the Lubbock County District Attorney's office filed charges of intoxicated assault in the crash. Prosecutors allege 25-year-old Justin McKinney was intoxicated when the pick-up he was driving collided with Corporal Harvey's patrol car just after midnight Sunday morning in East Lubbock. Authorities pronounced Harvey dead at the scene.

Investigators say McKinney and his passenger, 24-year-old Justin Walkup, were both ejected from the pick-up. First responders took them to University Medical Center for treatment. We checked at 6 p.m. Monday, and Walkup has been upgraded to serious condition. McKinney has been released.

Meanwhile, family members prepare to lay Corporal Harvey to rest. On Monday, his colleagues remembered Harvey as a devoted public servant and friend. Sheriff David Gutierrez says Corporal Harvey gave the ultimate sacrifice for his community. "We see that Cpl. Harvey was 29 when he passed away, but I believe we are all better off because Cpl. Harvey was born, even taken at such a young age, he made an impression, an impact on my life and I know that he made an impact on their lives," said Sheriff Gutierrez.

Harvey began at the sheriff's office in October of 2001 as a jailer and moved to patrol in 2004 and was promoted to corporal two years later. Harvey was also a member of the honor guard and tactical team. He leaves behind a wife and two young boys.

Harvey's family will hold visitation services Tuesday evening from 6 p.m. to 9 p.m. at Calvillo Funeral Home. Funeral services will be held Wednesday at 3 p.m. at First Baptist Church.

A memorial fund has also been set up at City Bank in Harvey's name.

4/26/09 Lubbock County Deputy killed in the line of duty An overnight collision claim the life of an on duty Lubbock County sheriff's deputy.