A motion to reconsider sentencing for a charge of negligent homicide was denied Monday. Kevin Liker, who was sentenced to five years at hard labor in July, asked the judge to reconsider his sentence saying the sentence was too excessive in light of a U.S. Supreme Court law that invalidates the use of blood alcohol levels in court without a search warrant.
Prosecutor Hugo Holland said the motion was denied because the case was considered by a judge and not a jury.
“If the case had gone before a jury, they would have never seen it,” he said. “But because it went before a judge, he has the right to consider everything, from prior arrests to hearsay when sentencing.”
Liker was arrested following the June 2016 crash that killed 66-year-old Linda McCoy. He was originally charged with vehicular homicide but he pleaded down to negligent homicide in April.
After investigating the crash, Louisiana State Police charged Liker with vehicular homicide, vehicular negligent injuring, DWI first offense, speeding 88 in a 55 mph zone and passing in a no passing zone.
The arrest was made after troopers were able to confirm through toxicology results and crash reconstruction that alcohol and speed were factors in the crash, according to a news release from Troop G spokesman Matt Harris.
The two-vehicle crash happened on U.S. Highway 80 at Middle Road just east of state Highway 531. Troopers said Liker was traveling east when he attempted to pass two vehicles ahead of him in a no passing zone.
He collided head-on with a westbound 2008 Dodge pickup driven by 48-year-old Douglas McCoy, of Minden. Both drivers were restrained but suffered moderate to serious injuries.
Douglas McCoy’s passenger, Linda McCoy, was not wearing a seat belt at the time of the crash and suffered fatal injuries.