A Lubbock County jury has decided that a man involved in a collision that resulted in the death of a Lubbock County Sheriff’s Deputy is not guilty of driving while intoxicated during the incident.

The jury deliberated for around two hours before returning with a verdict of not guilty for Justin McKinney, after doubts had been cast over who was actually driving the vehicle which was involved in the wreck of Corporal D. Robert Harvey in April of 2009.

The wreck occurred at the intersection of County Road 2500 and County Road 7130. McKinney was making a left turn while Harvey was travelling at high speeds without emergency lights on while responding to a call. Harvey hit McKinney’s pickup head-on.

McKinney’s blood alcohol content was over twice the legal limit at the time of the wreck. DPS investigators testified that they believed McKinney was driving at the time, but the defense produced their own independent expert, who testified that the other man in the truck, Justin Walkup, was driving.

McKinney was first charged with intoxication manslaughter, but DPS investigators recommended the charges be lessened to Driving While Intoxicated.