CLEVELAND, OH : Felony case dropped against elderly man accused in fatal Cleveland bicycle crash on Thursday, October, 12th 2017

An 84-year-old man accused of striking and killing a Cleveland bicyclist is now facing a lesser charge, possibly because he was less impaired at the time of the crash than investigators first believed, his attorney says.

Jesse Parker, 36, died in the crash that happened at Clifton Boulevard and Lake Avenue on the city's West Side.

James Callahan Jr., of Lyndhurst, was arrested that day and charged with aggravated vehicular homicide, a third-degree felony, court records show.

A judge dropped that case Sept. 22 at the prosecutors' request, records show.

A spokesman for the Cuyahoga County prosecutor's office did not respond to inquiries about why it was dropped, but Callahan's attorney, Kevin Spellacy, points to a blood test Callahan underwent after the crash.

Spellacy told cleveland.com that Callahan's test results recently concluded that he had a very small amount of alcohol in his blood, well under the legal limit of .08 percent.

Source :
Felony case dropped against elderly man accused in fatal Cleveland bicycle crash