FOND DU LAC, WI (WTAQ) - A motion to dismiss the case against a man charged with driving into a group of motorcyclists, killing two of them, has been denied in Fond du Lac County.
A judge will not dismiss the case against Clinton Lovelace. A separate defense motion to toss out statements Lovelace made to police was also rejected by Judge Gary Sharpe.
Lovelace faces 13 criminal charges, including two counts of homicide by intoxicated use of a motor vehicle for the crash last May. Dan Winsemius and Doug Yonkers, part of a Michigan riding club, were killed.
The defense argued that Lovelace's statement to officers, given from a hospital bed the after the crash, should not be allowed at trial. But Judge Sharpe ruled that Lovelace was read his Miranda rights and still talked to officers, therefore it can be used.
The defense asked for the charges to be dismissed, arguing the testimony from the preliminary hearing was insufficient to support the charges because testimony didn't identify the dozen injured motorcyclists, who were later named in the information filed by prosecutors. But the court ruled the testimony supported the allegation of a dozen cyclists being involved in the incident, and therefore rejected the motion.
The three-page decision was filed last week. Lovelace's trial is scheduled to start Oct. 14.