Driver involved in fatal bike accident charged with OWI

Driver involved in fatal bike accident charged with OWI
Brett R. Hundley

The Beloit man who struck and killed a bicyclist in August is being charged with OWI, but will not face charges for causing a death, according to a release. 

Brett Hundley was driving down Milwaukee Avenue around 2 a.m. on Aug. 29, when Mario Esquivel-Flores, who was wearing dark jeans and a black hoodie, and didn’t have lights on his bike, was struck by Hundley after crossing in front of his car, according to the release. It was raining heavily that night as well.

Hundley had a blood alcohol concentration of 0.106, well above the legal limit of .08, officials said. The OWI charge is Hundley’s first.

Esquivel-Flores was also found to be “acutely” intoxicated as well, according to the medical examiner, and was in possession of both cocaine and ecstasy at the time of the crash. 

Under Wisconsin law, a driver is not legally responsible for a death, despite being intoxicated behind the wheel, as long as “the death would have occurred even if the driver … had been exercising due care and they … had not been under the influence of an intoxicant,” the release said. 

Rock County District Attorney David O’Leary, based on an investigation by the Beloit Police Department, determined this to be the case, officials said. Witnesses said they saw Esquivel swerving in and out of traffic for a few minutes before being hit.