Murder charge filed against driver in Edmond police officer's death

The driver behind the wheel of a truck that struck multiple vehicles in a deadly accident that took the life of Edmond Police Sgt. C.J. Nelson was charged Friday in Oklahoma County District Court.

Prosecutors filed a second-degree murder charge, or alternatively, a first-degree manslaughter charge, against Jay Stephen Fite, 54.

Prosecutors accuse Fite in the murder charge of "operating a motor vehicle in a manner imminently dangerous to another person, evincing a depraved mind ... regardless of human life" by not paying attention to surrounding traffic on July 19.

Under state law, the punishment for second-degree murder is 10 years to life in prison.

Prosecutors accuse Fite in the alternative manslaughter charge of operating his truck while he was under the influence of drugs when the accident happened.

The minimum punishment for manslaughter is four years. No maximum amount of time is prescribed for a someone convicted of that crime.

More: Truck driver arrested in death of Edmond police officer in multi-vehicle crash

Oklahoma City Police posted on Facebook July 26 that preliminary tests on Fite's blood obtained the day of the accident showed "the presence of amphetamine and methamphetamine."

However, Fite's defense attorney Billy Coyle has questioned whether his client actually was impaired. He noted the department's post made no mention of finding any alcohol in Fite's blood, despite testimony from an Oklahoma City police officer in an earlier-filed probable cause affidavit in which the officer stated he could smell alcohol on the man's breath.

That same affidavit also revealed that Fite initially told investigating officers he was "overworked and very tired," and, that he "was going too fast and was not able to stop his vehicle before the collision."

On Friday, Coyle said he believes prosecutors are aiming for a murder conviction because of who died, adding Oklahoma will have to prove both that his client was under the influence of alcohol and drugs and that they contributed to the accident in order to obtain a conviction on either charge.

He reiterated he doesn't believe that was the case, arguing a more appropriate charge would be negligent homicide, a misdemeanor.

"It is really a very sad and tragic accident, and unfortunately, you don't get to pick your victim in these kinds of cases. There is a higher power that does that for you," Coyle said. "Not that I would ever allow them to, but they have never even asked my client for his side of the story about what happened that day or what was going on.

"They totally have been focused on how he is guilty, here is what happened, drugs and alcohol played a role and we are going to charge him with murder.

"Because of who the victim is in this case, I think (prosecutors) have taken a much more severe approach. We will have to fight for Mr. Fite's life."

The accident happened at north Broadway Extension's intersection with Comfort Drive, just south of Edmond's city limits, during a busy afternoon where multiple northbound vehicles and their drivers — including Nelson on his motorcycle — were stopped for a red light.

Nelson, who died just a day short of celebrating the completion of his 13th year of service with the suburban community's department, was the first officer it had ever lost in the line of duty, department officials later said.

Fite, was arrested after the crash and taken to the Oklahoma County Detention Center. He remained in custody there on Friday, a spokesperson said.

This article originally appeared on Oklahoman: Truck driver faces murder charge in Edmond police officer's death