DOWNTOWN MOBILE, Ala (WALA) -- 54-year-old Calvin Brewer back in court on Wednesday facing a judge for a preliminary hearing.

Man charged with murder after resident struck, killed while mowing lawn

Calvin Dale Brewer 

Brewer is charged with reckless murder after being accused of hitting and killing Heath Byrd in August on Lott Road in Chunchula.

Byrd was mowing his lawn when prosecutors say a Corvette driven by Brewer slammed into him, killing him instantly.

“It’s really a tragic set of circumstances, but at this point based on all of the evidence that we have we elected to charge reckless murder,” said Assistant District Attorney Louis Walker.

Some of that evidence was presented during Wednesday’s hearing.

Walker who is prosecuting the case says Brewer was speeding at the time of the crash and his blood alcohol level was above the legal limit.

The DA’s office says this is not the first time Brewer has driven under the influence.

“In order to prove this case, we’d have to prove a deliberate indifference to the value of human life and here based on the high alcohol level and the driving patterns we think the evidence will show that,” Walker said.

But Jason Darley, Brewer’s defense attorney says the case is not open and shut because there is a lot of questions.

Darley says there may have been defects with the speedometer of the 1978 Chevy Corvette that Brewer was driving.

“There’s going to be an issue with the speed we believe,” Darley said. “There’s a witness unconnected to the event that we were told today that says she was traveling 60 to 65 miles per hour and he was behind her.”

Brewer is out of jail on bond. His defense team says there is gaps with some of the evidence and they believe this was a tragic accident, not a crime.

“We believe it was a traffic accident,” Darley said. “One of the issues is the trooper testified there was no grass on the road. We got photographs with grass on the road. We know that Mr. Byrd was mowing very close to the highway that’s going to be a factor as well.”

The grand jury will be getting this case, but it will be months before we know the outcome.

We tried to talk to one of Byrd’s family members, but they did not want to talk.

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