During the preliminary hearing held Tuesday at the Arapahoe County Courthouse, investigators testified Conner Donohue had a BAC of .252 the first time he was tested after 1 a.m. Monday, May 28 and .22 the second time he was tested one hour later.
Preliminary hearings establish probable cause in cases and are often revealing first testimony of what happens in a case.
Police say Donohue hit and killed Officer Jeremy Bittner as he served a citation to another driver, 20-year-old Kevin Montoya, in the early morning hours of May 28. Montoya survived. The crash happened near the intersection of South Broadway Street and East Belleview Avenue.
Bitner was 39-years-old and an 8-year veteran of the Englewood Police Department with a wife and two kids.
Donohue is accused of leaving the scene of the accident. Donohue is facing a number of charges, including vehicular homicide, vehicular assault, DUI, leaving the scene of the accident causing serious bodily injury and underage possession.
Englewood Detective Bobbie Garrett testified in court. She interviewed Donohue after he was arrested. Garrett told the court that Donohue said he had a "little hit-and-run." He told investigators he "nicked a car."
According to court testimony, Donohue told police he was coming home from a housewarming party. There he had two beers; three shots, two containing vodka; and a larger rum and coke towards the end of the evening, Garrett told the judge.
Garrett testified Donohue told her he should not have been driving, and he didn't remember hitting anyone. He got lost trying to find his way home.
Court testimony says Donohue told Garrett he was "a little inebriated when he first left. But as he drove around, it got worse and worse."
Colorado State Trooper and Accident Reconstructionist Glen Brown investigated the crash and testified in court.
He said Bitner pulled over Montoya because he was weaving in traffic. He wrote Montoya a citation in his patrol car. The subject of the citation was not revealed in court. Bitner walked over to serve Montoya and according to Brown's testimony, faced drunken passengers inside that car.
Brown testified Bitner asked Montoya to step out of the car as to not "aggravate the situation inside."
Another officer was on scene parked behind Bitner's car. He saw Bitner and Montoya being hit.
Brown testified Donohue was pulled over three miles away. According to court testimony, he told the officers interviewing him he didn't have time to stop. Brown told the judge Bitner traveled 70 feet on the hood of Donohue's car. His police notepad was found on the windshield. Donohue's car had nicks on it from Bitner's police belt, according to court testimony.
Bitner's widow and family members cried during some of the testimony. Donohue, out on bond, was dressed in slacks and a shirt. He did not speak or look up at the judge much.
Donohue is back for an arraignment on August 13.
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