COVINGTON, KY (FOX19) - The local preacher accused of killing a man while driving drunk will stay in jail.
In making their comments to the judge during a court appearance for Daniel Gabbard, prosecutors revealed some big parts of their case. They say they can prove Gabbard was a habitual drinker who kept a cooler full of cold ones right in the cab of his truck, and that they have the evidence to prove it.
Prosecutors say they have receipts for beer Gabbard allegedly bought on several occasions before the night that he apparently crashed his truck into commonwealth attorney Doug Wright's vehicle.
They say they found also found eight cans of beer and a cooler inside the cab of Gabbard's truck. Gabbard was a commercial driver in addition to being a preacher. He's lost the truck-driving job.
The judge agreed with prosecutors, who said given that the alcohol found on the scene and the .20 blood alcohol test from the breathalyzer taken just after the accident, Gabbard should stay behind bars. Gabbard's attorney, Eric Deters, had asked that his client be allowed to wait for trial at home, under house arrest.
"I'm disappointed and I respectfully disagree because I do not believe he's a flight risk," said Deters. "But the bottom line is, I'm representing somebody who's accused of murdering the Pendleton County prosecutor so it doesn't shock me."
Deters also plans to ask for a change of venue to move the case out of Pendleton County.
The next step is the case is examining computers inside both vehicles involved in the crash to see about the speed and other information at the point of impact.