Prosecutors say Elias Webb had some wine and a beer in the hours before a July crash that killed a cyclist, but the jury may never hear this new evidence. A judge ruled the only way this evidence can come out is if Elias Webb takes the stand.
31-year-old Elias Webb turned himself in days after the accident, and said he struck and killed Lanie Kruszewski.
What is known is that she was on her bike on River Road, near the Henrico County line in Richmond. What's not as clear is what Webb was doing before the crash.
Court records reveal prosecutors now say Webb had a beer at a friend's house and wine at a restaurant, within two hours at most of the crash.
Prosecutors can then reveal their findings during cross exam if Webb takes the stand.
Webb's lawyer says there was no impairment, and Webb told police he thought he struck a deer, and not Kruszewski, back in July 2012.
The trial here will start Monday, and is expected to last three days. The hit and run charge carries a prison sentence of 1 - 10 years.
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