HUNTSVILLE, Ala. (WAFF) - Huntsville police confirmed to WAFF 48 News Tuesday the department arrested a Jefferson County man in relation to a fatal bicycle crash earlier in October.
Huntsville police arrested 27-year-old David Michael Duggan for misdemeanor DUI on Oct. 8 after officers said his car hit and killed bicyclist Jose Zayas.
Huntsville police spokesman Lt. Michael Johnson said upgraded charges are expected, and the investigation is ongoing.
Results from a toxicology report are pending.
The misdemeanor DUI charge would have landed Duggan in Huntsville City Court. However, the city is not prosecuting.
Madison County Assistant District Attorney Shauna Barnett said she requested Duggan be re-arrested and re-booked as a Madison County inmate on Oct. 10, to accommodate the larger pending investigation.
The city court could not have tried Duggan for a felony offense, while the the county court can.
As a result, the misdemeanor DUI will be factored into any felony cases the county brings.
Huntsville attorney Russell Crumbley said that could make all the difference.
“They took over the case to make sure it gets resolved in the way they want to get it resolved, which means they have to manage it, and not let it end prematurely,” he said.
As for his defense, Crumbley says poking holes in the prosecution's proof is a must.
"They have to prove that you're impaired, there's not a period there. They have to prove you're impaired to such a degree that you could not safely operate your automobile."
Duggan bonded out on a $1,000 bond on Oct. 11.
He has four prior guilty pleas to speeding, but no other arrests on record.