Man charged in sheriff's deputy death out of jail - KCBD NewsChannel 11 Lubbock

5/7/09

Man charged in sheriff's deputy death out of jail

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By Ben Lawson  - bio | email

LUBBOCK, TX (KCBD) - Just before 5:30 p.m Thursday, the man charged in the death of a Lubbock County Sheriff's Deputy bonded out of jail.  That's after a Lubbock judge lowered his bond.  In the hearing, new testimony suggested Justin McKinney, 25 may not have been behind the wheel when his pick-up collided with Lubbock County Sheriff's Corporal D. Robert Harvey's patrol car on April 26th. The 29-year-old died in the accident.

This all happened during a hearing Thursday afternoon where McKinney's attorney argued the state lacked probable cause to hold McKinney.  He also argued McKinney's bail was excessive. The defense brought four witnesses to the stand. Each testified that they believed McKinney's passenger, Justin Walkup, 24 was behind the wheel.

Walkup spent several days in the hospital following the crash. He's since been released. Two female friends testified they were with McKinney and Walkup at a Lubbock bar before the crash. As they left, both women testified that they saw Walkup pull McKinney from behind the wheel of his pick-up, but say they did not see who actually got back into the driver's seat in the parking lot.

Prosecutors argued McKinney had a past history of alcohol abuse, including public intoxication and open container violations. Judge Brad Underwood found probable cause to hold McKinney, but lowered his bond from $500,000 to $10,000.  Underwood did add conditions of release that don't allow McKinney to drive any motor vehicle.

Thursday's testimony revealed even more new information about the events leading up to the crash.  We'll have those details tonight on NewsChannel 11 at ten.

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