HAMILTON -- Both the driver and the pedestrian in Tuesday's fatal accident here had been drinking -- and the victim helped cause his own death by lying in the roadway, officials said Thursday.
That's why no further charges are expected against Donald K. Langdon, 44, police spokesman Sgt. Thomas E. Kilgour said.
Mr. Langdon has been charged with driving with a suspended license and driving while intoxicated. He likely would have faced a vehicular homicide charge, Sgt. Kilgour said, but an accident report revealed Mark Eugene Seeley, 27, was lying in the eastbound lane of the 1300 block of Grand Boulevard when he was struck by Mr. Langdon's 1994 Ford Explorer.
Butler County Coroner Dr. Richard P. Burkhardt said tests showed Mr. Seeley's blood-alcohol level was "very high," but wouldn't give specifics.
Mr. Langdon refused to take a breath-analysis test, police said, but officers said they smelled alcohol on him and they asked him to perform field sobriety tests.
