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Jane Flasch (Rochester, N.Y.) - The Monroe County Sheriff's deputy accused of driving drunk and killing a motorcyclist last week likely had a blood alcohol level three times the legal limit.
Immediately after the collision, James Telban, Jr. refused a breathalyzer test. Still, prosecutors obtained a court order and a blood sample.
According to sources close to the investigation, preliminary tests showed Telban had a blood alcohol level of .24.
Monroe County Sheriff Patrick O’Flynn said, "If that is the situation, that is well above the legal limit."
O'Flynn would not comment further without the complete report from the crime lab.
A final analysis is underway at the Monroe County Crime Lab, those results could determine whether the deputy will face new charges including manslaughter.
The report, due later this week, is a key piece of evidence the grand jury will use as they consider whether the off-duty deputy should be charged with a felony in the death of Peter Volkmuth.
When Volkmuth went to work that night, his plans for the end of his shift centered around the first day of preschool for his four-year-old son. But, he never made it home.
Volkmuth, 27, was on his way to work the night shift last Thursday when he was hit. According to witnesses, Telban pulled out of the driveway of the Braemar Country Club directly into the path of Volkmuth’s motorcycle.
Witnesses who were inside the bar are now being interviewed, including fellow off-duty deputies.
Telban has been suspended without pay. He is a 19-year veteran road-patrol officer who could now face a charge of manslaughter or vehicular homicide.
He is in the process of changing attorneys.
Immediately after the collision, James Telban, Jr. refused a breathalyzer test. Still, prosecutors obtained a court order and a blood sample.
According to sources close to the investigation, preliminary tests showed Telban had a blood alcohol level of .24.
Monroe County Sheriff Patrick O’Flynn said, "If that is the situation, that is well above the legal limit."
O'Flynn would not comment further without the complete report from the crime lab.
A final analysis is underway at the Monroe County Crime Lab, those results could determine whether the deputy will face new charges including manslaughter.
The report, due later this week, is a key piece of evidence the grand jury will use as they consider whether the off-duty deputy should be charged with a felony in the death of Peter Volkmuth.
When Volkmuth went to work that night, his plans for the end of his shift centered around the first day of preschool for his four-year-old son. But, he never made it home.
Volkmuth, 27, was on his way to work the night shift last Thursday when he was hit. According to witnesses, Telban pulled out of the driveway of the Braemar Country Club directly into the path of Volkmuth’s motorcycle.
Witnesses who were inside the bar are now being interviewed, including fellow off-duty deputies.
Telban has been suspended without pay. He is a 19-year veteran road-patrol officer who could now face a charge of manslaughter or vehicular homicide.
He is in the process of changing attorneys.