Testimony reveals new details in deadly crash - KCBD NewsChannel 11 Lubbock

5/7/09

Testimony reveals new details in deadly crash

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By Ben Lawson  - bio | email

LUBBOCK, TX (KCBD) - The man charged in the death of a Lubbock County Sheriff's Deputy was out of jail Thursday night.  A judge lowered the bond for Justin McKinney, 25, Thursday afternoon from $500,000 to $10,000.

Authorities charged McKinney with intoxication manslaughter for the death of Lubbock County Sheriff's Corporal D. Robert Harvey, 29.  Harvey died April 26th when his patrol car collided with McKinney's pick-up at East 88th Street and Martin Luther King Blvd.  

McKinney bonded out of the Lubbock County Jail just before 5:30 p.m. Thursday.  Now, testimony from Thursday's hearing reveals new details about the events leading up to the crash.

McKinney's attorney argued the state lacked probable cause to hold him, and that McKinney's bond amount was excessive.  McKinney's attorney brought four witnesses to the stand. Each testified that they believed McKinney's passenger Justin Walkup, 24, was behind the wheel.

Two female friends testified they were with McKinney and Walkup at a Lubbock bar before the crash. Neither could positively say who was driving. Prosecutors say that's also what they told authorities, but both women testified the person driving wore clothing that Walkup had on that night.

The women say they were riding just ahead of Walkup and McKinney in their own vehicle on MLK Blvd. when a white car sped passed them. The driver says it could have been a patrol car, but she wasn't certain. She says she did not see emergency lights flashing.

Her passenger says she was on the phone with Walkup, and immediately after that car sped by she heard McKinney scream, and then the phone went to static. The women say they soon learned their friends had been in the wreck.

McKinney is still charged in the crash. Right now, Walkup is not.

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