By Fox23.com News Staff
WAGONER COUNTY, Okla. — The suspect in a fatal hit-and-run that occurred in Coweta on New Year’s Day made his first court appearance on Friday.
During his arraignment, Erik Rosales-Leon was charged with First-Degree Manslaughter, Leaving the Scene of a Fatality Accident and Failure to Pay Taxes Due to the State.
Wagoner County District Attorney Jack Thorp explained that a blood sample taken from Rosales-Leon at the hospital was sent to OSBI to be analyzed.
If the results come back greater than .15, the new Oklahoma DUI law that went into effect on Nov. 1 will apply to his case and his charges would be re-evaluated at that time.
Due to that same DUI law, if a crash is caused by someone who is determined to have been driving under the influence, it can automatically be considered a felony DUI.
If that felony DUI results in death, the suspect can then be charged with Murder in the Second Degree.
Due to these recent changes in Oklahoma law, District Attorney Thorp said the state plans to file a Second Degree Murder charge against Rosales-Leon on Monday.
Rosales-Leon’s next court date is set for Feb. 3.